[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Notices]
[Page 57017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27946]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-369 (Sub-No. 4X)]


Buffalo & Pittsburgh Railroad, Inc.--Abandonment Exemption--In 
Clearfield County, PA

    Buffalo & Pittsburgh Railroad, Inc. (B&P), has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 2 
miles of its Wharton subdivision between MP 5+/- (valuation station 
2440 + 00) and MP 7+/- (valuation station 2560 + 50), in Sandy 
Township, Clearfield County, PA.
    B&P 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 for at least 2 years; and (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.
    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 December 13, 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 November 24, 1995. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by December 4, 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 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.
    \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 pleading filed with the Commission should be sent to 
applicant's representative: Eric M. Hocky, 213 W. Miner Street, P.O. 
Box 796, West Chester, PA 19381-0796.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    B&P 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 November 17, 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: November 2, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-27946 Filed 11-9-95; 8:45 am]
BILLING CODE 7035-O1-P