[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Pages 37672-37673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18050]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-167 (Sub-No. 1149X)]


Consolidated Rail Corporation--Abandonment Exemption--in Indiana 
and Cambria Counties, PA

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 
2.6 miles of its line of railroad, known as the Kin 
Industrial Track, from approximately milepost 35.80  to 
approximately milepost 38.40, in Indiana and Cambria 
Counties, PA.
    Conrail 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

[[Page 37673]]
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 August 20, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,1 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 
1152.29 3 must be filed by July 31, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 10, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \1\ 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 prior to 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.
---------------------------------------------------------------------------

    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Robert S. Natalini, Two Commerce Square, 
2001 Market Street, P.O. Box 41416, Philadelphia, PA 19101-1416.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio. 
    Conrail 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 July 26, 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 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: July 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-18050 Filed 7-20-95; 8:45 am]
BILLING CODE 7035-01-P