[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26154]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 420X); Docket No. AB-227 (Sub-No. 5X)]

 

CSX Transportation, Inc.--Abandonment Exemption--Fayette and 
Westmoreland Counties, PA; The Wheeling & Lake Erie Railway Company--
Discontinuance of Trackage Rights Exemption--Fayette and Westmoreland 
Counties, PA

    CSX Transportation, Inc., (CSXT) and The Wheeling & Lake Erie 
Railway Company (W&LE) have filed a verified notice under 49 CFR 1152 
Subpart F--Exempt Abandonments and Discontinuances for CSXT to abandon 
and W&LE to discontinue trackage rights over 9.56 miles of rail line 
between milepost 0.00 at Broad Ford and milepost 9.56 at Mt. Pleasant, 
in Fayette and Westmoreland Counties, PA.
    CSX and W&LE certify that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted; (3) 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 complainant's favor within the last 2 years; and (4) the 
requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 
(historic report), 49 CFR 1105.11 and 1152.50(d)(1) (notice to 
government agencies), and 49 CFR 1105.12 (newspaper publication) have 
been met.
    As a condition to 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 employees 
are adequately protected, a petition for partial revocation under 49 
U.S.C. 10505(d) must be filed.
    This exemption will be effective November 20, 1994, unless stayed 
or a statement of intent to file an offer of financial assistance (OFA) 
is filed. Petitions to stay that do not involve environmental 
issues,1 statements of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 
1152.293 must be filed by October 31, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by November 10, 1994. An original and 10 copies of any such filing must 
be sent to the Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423. In addition, one copy must 
be served on Charles M. Rosenberger, CSX Transportation, Inc., 500 
Water St., J150, Jacksonville, FL 32202, and William A. Callison, The 
Wheeling & Lake Erie Railway Company, 100 East First St., Brewster, OH 
44613.
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    \1\The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
in its independent investigation) cannot be made before the 
exemption's effective date. See Exemption of Out-of-Service Rail 
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed 
as soon as possible so that the Commission may take appropriate 
action before the exemption's effective date.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\The Commission will accept late-filed trail use requests so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT and W&LE has filed an environmental report which addresses the 
abandonment's and discontinuance's effects, if any, on the environment 
and historic resources. The Commission's Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by October 
26, 1994. A copy of the EA may be obtained by writing to SEA (Room 
3219, Interstate Commerce Commission, Washington, DC 20423) or by 
calling Elaine Kaiser at (202) 9276248. Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes 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: October 14, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-26154 Filed 10-20-94; 8:45 am]
BILLING CODE 7035-01-P