[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Notices]
[Pages 17087-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8190]



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[[Page 17088]]

INTERSTATE COMMERCE COMMISSION

[Docket No. AB-88 (Sub-No. 7X)]


Bessemer and Lake Erie Railroad Company; Abandonment Exemption; 
in Armstrong and Butler Counties, PA

    Bessemer and Lake Erie Railroad Company (B&LE) has filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon 3.13 miles of its line of railroad, known as the Western 
Allegheny Branch, extending from Station 2294+53 eastward to the end of 
the track at Station 2460+01, in Armstrong and Butler Counties, 
PA.1

    \1\ By letter dated March 20, 1995, the Bradys Bend Corporation 
(BBC) filed a comment opposing the proposed abandonment and requests 
that we deny B&LE's exemption. BBC alleges that because of the 
potential for future traffic, it believes that B&LE's rail line 
should remain operational.
    We do not normally consider comments prior to the publication of 
a notice of exemption under 49 CFR 1152.50(b). Here, BBC can file a 
petition to stay and/or a petition to reopen or revoke on or before 
the dates specified in this notice. BBC should clearly set out the 
relief it seeks and any supporting arguments for such relief. 
Speculation about future traffic is not sufficient basis upon which 
to deny an exemption.
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    B&LE has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over 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 reports), 49 CFR 1105.8 
(historic reports), 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 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 May 4, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,2 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 
1152.294 must be filed by April 14, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 24, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \2\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 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 prior to the effective 
date of this exemption.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\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: Robert J. Koch, 135 Jamison Lane, P.O. Box 
68, Monroeville, PA 15146.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    B&LE has filed an environmental report which addresses the effects 
of the abandonment, if any, on the environment and historic resources. 
The Commission's Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by April 7, 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.

    Decided: March 29, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-8190 Filed 4-3-95; 8:45 am]
BILLING CODE 7035-O1-P