Federal Register, Volume 59 Issue 126 (Friday, July 1, 1994)

[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16063]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-167 (Sub-No. 1140X)]

 

Consolidated Rail Corporation--Abandonment Exemption--In Orange 
County, NY

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately a 2.7 mile line of railroad between milepost 
66.2 and milepost 68.9, in Middletown, Orange 
County, NY.
    Conrail has certified that: (1) no local or overhead traffic has 
moved over the line for at least 2 years; (2) 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 (3) the requirements at 49 CFR 1105.7 
(environmental reports), 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 July 31, 1994, 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 
1152.29³ must be filed by July 11, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 21, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \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 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.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Robert S. Natalini, Consolidated Rail 
Corporation, Two Commerce Square, 2001 Market Street, P.O. Box 41416, 
Philadelphia, PA 19101-1416.
    If the notice of exemption 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 July 6, 1994. 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: June 22, 1994.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-16063 Filed 6-30-94; 8:45 am]
BILLING CODE 7035-01-P