[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21098]


[[Page Unknown]]

[Federal Register: August 26, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-362 (Sub-No. 3X)]

 

Texas and Oklahoma R.R. Co.--Abandonment Exemption--In Foard and 
Wilbarger Counties, TX

    Texas and Oklahoma R.R. Co. (T&O) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 16.81 
mile portion of its rail line between milepost 480.19 near the Texas-
Oklahoma State Line in Wilbarger County, TX, and milepost 497.0 near 
Chillicothe, TX, in Foard County, TX.\1\
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    \1\The line segment sought to be abandoned here is included in 
the 156.49-mile rail line which was proposed for abandonment in 
Texas and Oklahoma R.R. Company--Abandonment Exemption--Between The 
Oklahoma-Texas State Line And Orient Junction (Sweetwater), Texas, 
Docket No. AB-362 (Sub-No. 2X), (ICC served Mar. 25, 1994). That 
request was denied because the Commission was unable to reach a 
majority. T&O's petition for reconsideration in that proceeding is 
pending before the Commission.
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    T&O has certified that: (1) no local or overhead traffic has moved 
over the line for at least 2 years; (2) no formal complaint filed by a 
user of rail service on the line (or by a State or local government 
entity acting on behalf of such user) regarding cessation of service 
over the line either is pending with the Commission or with any U.S. 
District Court or has been decided in favor of the complainant within 
the 2-year period; and (3) the requirements at 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 
(transmittal letter),\2\ 49 CFR 1105.12 (newspaper publication) and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
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    \2\The Commission's Section of Environmental Analysis has 
allowed T&O to meet the foregoing requirements based on the 
environmental and historic report submitted in the Docket No. AB-362 
(Sub-No. 2X) because the conditions relating to the line segment 
involved here have not changed since the previous report was 
submitted.
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    As a condition to use of this exemption, any employee adversely 
affected by the abandonment shall be protected under Oregon Short Line 
R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether 
this condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10505(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 25, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking statements under 49 CFR 1152.29\5\ must be filed 
by September 6, 1994. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 15, 1994, 
with: Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.
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    \3\A stay will be routinely issued by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of 
Environmental Analysis in its independent investigation) cannot be 
made prior to the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay involving environmental concerns is encouraged 
to file its request as soon as possible in order to permit the 
Commission to review and act on the request before the effective 
date of this exemption.
    \4\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representatives: Richard H. Streeter, Barnes & Thornburg, 
1815 H Street, Suite 800, Washington, DC 20006.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    T&O has filed an environmental report in Docket No. AB-362 (Sub-No. 
2X) which addresses the effects of the abandonment, if any, on the 
environment or historic resources. The Section of Environmental 
Analysis (SEA) will issue a revised environmental assessment (EA) by 
August 31, 1994. Interested persons may obtain a copy of the EA from 
SEA by writing to SEA (Room 3219, Interstate Commerce Commission, 
Washington, DC 20423) or by calling Elaine Kaiser, Chief of SEA, at 
(202) 927-6248. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA is available to the 
public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: August 22, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. 94-21098 Filed 8-25-94; 8:45 am]
BILLING CODE 7035-01-P