[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29955]


[[Page Unknown]]

[Federal Register: December 6, 1994]


=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION

[Docket No. AB-12 (Sub-No. 155X)]

 

Southern Pacific Transportation Company--Abandonment Exemption--
San Joaquin and Calaveras Counties, CA

    Southern Pacific Transportation Company (SPT) has filed a verified 
notice under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon 
the 39.30-mile segment of the Kentucky House Branch between milepost 
103.54, at or near the Lodi rail station, and milepost 142.84, at or 
near the Kentucky House rail station, in San Joaquin and Calaveras 
Counties, CA.1
---------------------------------------------------------------------------

    \1\ By decision in Southern Pacific Transportation Company--
Discontinuance of Service Exemption--In San Joaquin and Calaveras 
Counties, CA, Finance Docket No. 30395 (ICC served Mar. 14, 1984), 
the Commission exempted SPT's discontinuance of service over that 
portion of the involved line segment between milepost 111.00, at or 
near Lockeford, and milepost 142.84, which had been damaged by a 
land slide and embargoed since June 21, 1983.
---------------------------------------------------------------------------

    SPT has certified 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 over other lines; (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 January 5, 1995,2 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,3 statements 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 15, 1994. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by December 27, 1994.6 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 Gary A. Laakso, Southern Pacific 
Transportation Company, Southern Pacific Building, One Market Plaza, 
Room 846, San Francisco, CA 94105.
---------------------------------------------------------------------------

    \2\ The Office of Proceedings did not receive the results of the 
initial analysis of SPT's environmental report from the Commission's 
Section of Environmental Analysis until November 29, 1994. Because 
of this delay, the publication date (and all of the dates based 
thereon appearing in this notice of exemption) had to be adjusted 
accordingly.
    \3\ 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.
    \4\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ 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.
    \6\ A premature request for a public use condition filed by 
Pacific Gas and Electric Company on November 21, 1994, will be 
addressed in a subsequent decision.
---------------------------------------------------------------------------

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    SPT has filed an environmental report which addresses the 
abandonment'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 December 9, 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) 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 30, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-29955 Filed 12-5-94; 8:45 am]
BILLING CODE 7035-01-P