[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Pages 26738-26739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12252]



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[[Page 26739]]

INTERSTATE COMMERCE COMMISSION

[Docket No. AB-439X]


Dallas Area Rapid Transit--Abandonment Exemption--in Dallas 
County, TX

    Dallas Area Rapid Transit (DART), a political subdivision of the 
State of Texas, has filed a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments to abandon a portion of its line of 
railroad, known as the Garland Line, between milepost 762.26 and 
milepost 763.0, in the City of Dallas, Dallas County, TX, a distance of 
.74 miles.1

    \1\ DART acquired this line of railroad from the Missouri 
Pacific Railroad Company (MP) in 1990, with MP retaining trackage 
rights. MP discontinued its trackage rights through a 1992 
relocation of its operations, and later abandoned three miles of 
trackage (as to which MP had retained ownership) south from the 
current end of track at milepost 763.0 into Dallas. This right-of-
way south of the line is now used as a recreational trail.
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    DART has certified that: (1) No loca1 traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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 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 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 June 17, 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 
1152.29 4 must be filed by May 30, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 7, 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 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.
    \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: Kevin M. Sheys, 1020 19th St., N.W., Suite 
400, Washington, DC 20036.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    DART has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by May 23, 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: May 11, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12252 Filed 5-17-95; 8:45 am]
BILLING CODE 7035-01-P