[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Notices]
[Pages 17751-17752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9787]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Docket No. AB-167 (Sub-No. 1160X)]


Consolidated Rail Corporation--Abandonment Exemption--in Erie 
County, NY

    Consolidated Rail Corporation (Conrail) filed a notice of exemption 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 1.76 
mile portion of its Erie Running Track between milepost 5.54 and 
milepost 7.30, and a portion of its Black Rock Industrial Track between 
milepost 392.80 and milepost 393.67 in the City of Buffalo, Erie 
County, NY.\2\
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to the 
Board's jurisdiction pursuant to 49 U.S.C. 10903.
    \2\ The portion of the Black Rock Industrial Track parallels and 
shares a common right-of-way with the portion of the Erie Running 
Track.
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    Conrail has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to be 
rerouted from 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 Board or with any U.S. District Court or has 
been decided in favor of 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. 10502(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 May 22,

[[Page 17752]]

1996, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,\3\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking 
requests under 49 CFR 1152.29 \5\ must be filed by May 2, 1996. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by May 13, 1996, with: Office of the Secretary, 
Case Control Branch, Surface Transportation Board, 1201 Constitution 
Avenue, N.W., Washington, DC 20423.
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    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis in its independent investigation) 
cannot be made before the exemption's effective date. See Exemption 
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for 
a stay should be filed as soon as possible so that the Board may 
take appropriate action before the exemption's effective date.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: John J. Paylor, Associate General Counsel, 
Consolidated Rail Corporation, 2001 Market Street - 16A, Philadelphia, 
PA 19101--1416.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Conrail 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 April 26, 1996. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, 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: April 15, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-9787 Filed 4-19-96; 8:45 am]
BILLING CODE 4915-00-P