[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Notices]
[Pages 39968-39969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19227]



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

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-449 (Sub-No. 1X)]


Western Kentucky Railway, L.L.C.--Abandonment Exemption--in Union 
County, KY

    Western Kentucky Railway, L.L.C. (WKR), has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon 20 miles of its line between milepost JE48.0 north of Dekoven, 
and milepost JE28.0 at Waverly, in Union County, KY.
    WKR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic that could move 
over 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 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 expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 2, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,1 
formal expressions of intent to 

[[Page 39969]]
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 August 
14, 1995. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by August 23, 1995, with: Office of 
the Secretary, Case Control Branch, Interstate Commerce Commission, 
1201 Constitution Ave., N.W., 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 before 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.
    \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: Kelvin J. Dowd, Esq., Slover & Loftus, 1224 
17th St., N.W., Washington, D.C. 20036.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    WKR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by August 8, 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: July 28, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-19227 Filed 8-3-95; 8:45 am]
BILLING CODE FR-7035-01-P