[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Notices]
[Pages 12784-12785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5794]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-436X]


Bath and Hammondsport Railroad Company--Abandonment Exemption--In 
Steuben County, NY

    Bath and Hammondsport Railroad Company (B&H) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately .31 miles of rail line between milepost 8.86 and the end 
of the line at milepost 9.17, in the Village of Hammondsport, Steuben 
County, NY.
    B&H has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (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 (environmental report), 49 CFR 1105.8 
(historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 
(newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    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 expressions of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on April 7, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ 
[[Page 12785]] formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\2\ and trail use/rail banking statements under 49 CFR 
1152.29\3\ must be filed by March 18, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by March 28, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \1\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.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\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 petition filed with the Commission should be sent to 
applicant's representative: William B. Joint, Cole & Latham, P.C., P.O. 
Box 232, 7 East Steuben Street, Bath, NY 14810.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    B&H has filed an environmental report which addresses the effects 
of the abandonment, if any, on the environment and historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by March 13, 1995. 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 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.\4\

    \4\B&H states that the entire line is suitable for alternative 
public use and that it has contracted to sell the segment between 
milepost 9.07 and milepost 9.17 to the Town of Urbana, NY, for 
waterfront access and use as a park.

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    Decided: March 3, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5794 Filed 3-7-95; 8:45 am]
BILLING CODE 7035-01-P