[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Notices]
[Page 63726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30243]



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INTERSTATE COMMERCE COMMISSION
[Docket Nos. AB-364 (Sub-No. 2X) and AB-3 (Sub-No. 125X)]


Texas Northeastern Division, Mid-Michigan Railroad, Inc.; 
Discontinuance of Service Exemption; in Lamar and Red River Counties, 
TX; Missouri Pacific Railroad Company; Abandonment Exemption; in Lamar 
and Red River Counties, TX

    Texas Northeastern Division, Mid-Michigan Railroad, Inc. (TNER), 
and Missouri Pacific Railroad Company (MP) have filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances for TNER to discontinue service over and MP to abandon 
29.1 miles of rail line extending from Clarksville (milepost 61.5) to 
Paris (milepost 90.6), in Lamar and Red River Counties, TX.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 applicants, 
in their verified notice, indicated a proposed consummation date of 
January 3, 1996. Because the verified notice was not filed until 
November 22, 1995, consummation should not have been proposed to 
take place before January 11, 1996. Applicants' representatives have 
subsequently agreed that the proposed consummation date is January 
11, 1996.
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    TNER and MP certify that: (1) No local 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 or discontinuance 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 January 11, 1996, 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 22, 1995. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by January 2, 1996, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.5

    \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 before the effective date of this 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 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.
    \5\  Legislation to terminate the Commission on December 31, 
1995, is now pending enactment. Until further notice, parties 
submitting pleadings should continue to use the current name and 
address.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representatives: Michael W. Blaszak, Texas Northeastern 
Division, Mid-Michigan Railroad, Inc., 211 South Leitch Avenue, 
LaGrange, IL 60525-2162; and Joseph D. Anthofer, Union Pacific Railroad 
Co., 1416 Dodge Street, Omaha, NE 68179.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    TNER and MP have filed an environmental report which addresses the 
effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by December 
15, 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: December 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-30243 Filed 12-11-95; 8:45 am]
BILLING CODE 7035-01-P