[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25360]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-316 (Sub-No. 1X)]

 

Angelina & Neches River Railroad Company--Discontinuance of 
Trackage Rights Exemption--Angelina County, TX

    Angelina & Neches River Railroad Company (ANR) has filed a verified 
notice under 49 CFR Part 1152 Subpart F--Exempt Abandonments and 
Discontinuance of Trackage Rights to discontinue trackage rights over 
the 2.79-mile Rockland Branch owned by Southern Pacific Transportation 
Company (SP) between milepost 129.33, near Buck Creek, and milepost 
132.12, near Dunagan, in Angelina County, TX.1
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    \1\SP has filed a petition for exemption to abandon the Rockland 
Branch in Docket No. AB-12 (Sub-No. 153X).
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    ANR has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted; (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 complainant's favor within the last 2 years; and (4) the 
requirements at 49 CFR 1105.11 and 1152.50(d)(1) (notice to government 
agencies) and 49 CFR 1105.12 (newspaper publication) have been 
met.2
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    \2\ANR has not filed environmental or historic reports on the 
ground that a discontinuance of trackage rights is not subject to 
environmental and historic reporting requirements, citing 49 CFR 
1105.6(c)(6) and .8(a). Instead, it incorporates by reference the 
environmental report filed by SP in the related abandonment 
proceeding.
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line R. 
Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether 
employees are adequately protected, a petition for partial revocation 
under 49 U.S.C. 10505(d) must be filed.
    This exemption will be effective November 12, 1994, unless stayed 
or a statement of intent to file an offer of financial assistance (OFA) 
is filed. Petitions to stay that do not involve environmental 
issues3 and statements of intent to file an OFA under 49 CFR 
1152.27(c)(2)4 must be filed by October 24, 1994. Petitions to 
reopen must be filed by November 2, 1994.5 An original and 10 
copies of any such filing must be sent to the Office of the Secretary, 
Case Control Branch, Interstate Commerce Commission, Washington, DC 
20423. In addition, one copy must be served on Peter A. Greene, 
Thompson, Hine and Flory, 1920 N Street, N.W., Suite 700, Washington, 
DC 20036.
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    \3\ The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
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 Commission 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\ Alternative post-abandonment public uses for the right-of-
way underlying the line are inapplicable where operations are to be 
discontinued but the line itself is not being abandoned. Here, trail 
use/rail banking and other public use alternatives to rail freight 
service may be pursued in the abandonment proceeding referenced in 
footnote 1.
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    SEA will issue an environmental assessment (EA) by October 18, 
1994. A copy of the EA may be obtained by writing to SEA (Room 3219, 
Interstate Commerce Commission, Washington, DC 20423) or by calling 
Elaine Kaiser at (202) 9276248. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

    Decided: October 5, 1994.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-25360 Filed 10-12-94; 8:45 am]
BILLING CODE 7035-01-P