[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28904]


[[Page Unknown]]

[Federal Register: November 23, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-240 (Sub-No. 4X)]

 

Cambria and Indiana Railroad Company; Abandonment Exemption; 
Cambria County, PA

    Cambria and Indiana Railroad Company (C&I) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon: (1) A 4.20-mile segment of its Main Line between milepost 
2.099 at Clover and milepost 6.299 at Holman in Cambria, Barr, and 
Blacklick Townships, Cambria County, PA; and (2) a 13.129-mile segment 
of its Cambria Branch between milepost 0.00 at its intersection with 
the Main Line at Main Line station 5.453 and milepost 13.129 in Nanty-
Glo and Revloc Boroughs, and Cambria and Blacklick Townships, in 
Cambria County, PA.
    C&I has certified that: (1) No local traffic has moved over the 
line for at least 2 years;1 (2) there is no overhead traffic on 
the line; (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 favor of the complainant within the 2-year period; and (4) 
the requirements at 49 CFR 1105.7 (service of environmental report on 
agencies), 49 CFR 1105.8 (service of historic report on State Historic 
Preservation Officer), 49 CFR 1105.11 (transmittal letter), 49 CFR 
1105.12 (newspaper publication),2 and 49 CFR 1152.50(d)(1) 
(service of verified notice on governmental agencies) have been met.
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    \1\On November 14, 1994, C&I clarified its certification and 
advised the Commission that a one-time shipment of eight cars of 
construction materials that moved to C&I's material yard were non-
revenue loads.
    \2\C&I originally filed this notice of exemption under Docket 
No. AB-240 (Sub-No. 3X). However, by decision served September 27, 
1994, the Commission's Section of Environmental Analysis found that 
the environmental report was inadequate and did not contain an 
historic report. The notice of exemption was rejected. C&I refiled 
its notice on November 3, 1994. Notice of publication appeared in 
the Johnstown Tribune-Democrat, Johnstown, PA, on August 31, 1994, 
under Docket No. AB-240 (Sub-No. 3X).
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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 December 23, 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 requests under 49 CFR 
1152.295 must be filed by December 5, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 13, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.
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    \3\A stay will be issued routinely 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 on 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 representative: Joseph M. O'Malley, 1170 Eighth Avenue, 
Bethlehem, PA 18016.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    C&I has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by November 28, 1994. Interested persons 
may obtain a copy of the EA 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 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: November 15, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28904 Filed 11-22-94; 8:45 am]
BILLING CODE 7035-01-P