[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Notices]
[Pages 58098-58099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28462]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-39 (Sub-No. 19X)]


St. Louis Southwestern Railway Company--Abandonment Exemption--in 
Smith County, TX

    St. Louis Southwestern Railway Company (Cotton Belt) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 3.54-mile line of railroad, known as the Lufkin Branch, from 
milepost 549.46 near rail station Lufkin Junction, to the end of the 
line at milepost 553.0, in Tyler, Smith County, TX. Cotton Belt 
proposes to consummate the abandonment on December 22, 1995.1

    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Commission at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant, 
in its verified notice, indicated a proposed consummation date of 
December 21, 1995. Because the verified notice was not filed until 
November 2, 1995, consummation should not have been proposed to take 
place before December 22, 1995. Applicant's representative has 
subsequently agreed that the proposed consummation date is December 
22, 1995.
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    Cotton Belt has certified that: (1) no local traffic has moved over 
the line for at least 2 years; (2) overhead traffic is non-existent 
since this is a stub-end of a branchline; (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 December 24, 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 December 4, 1995. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by December 14, 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: Gary A. Laakso, One Market Plaza, Room 846, 
San Francisco, CA 94105.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Cotton Belt has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis 

[[Page 58099]]
(SEA) will issue an environmental assessment (EA) by November 29, 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 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-28462 Filed 11-22-95; 8:45 am]
BILLING CODE 7035-01-P