[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Pages 14777-14778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6886]


[Docket No. AB-12 (Sub-No. 183X)]

Southern Pacific Transportation Company--Abandonment Exemption--
in Marion County, OR

    Southern Pacific Transportation Company (SPT) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
the 4.71-mile portion of its Geer Branch (the Line), extending from 
milepost 721.10, at or near the Geer rail station, to milepost 725.81, 
at or near the Salem rail station, in Marion County, OR.1 SPT 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 
[[Page 14778]] 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 

    \1\ Contemporaneous with this filing, the Williamette Valley 
Railway Company (WVR) filed a notice of exemption in Williamette 
Valley Railway Company--Discontinuance of Service Exemption--In 
Marion County, OR, Docket No. AB-435 (Sub-No. 1X), to discontinue 
operating on the 4.71-mile portion of the Geer Branch between 
milepost 721.10 at or near the Geer rail station to milepost 725.81 
at or near the Salem rail station.
    WVR leased and operated the entire Geer Branch pursuant to the 
notice of exemption in Williamette Valley Railway Company--
Acquisition, Lease and Operation Exemption--Southern Pacific 
Transportation Company, Finance Docket No. 32249 (ICC served Mar. 5, 

    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 April 19, 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 
1152.294 must be filed by March 30, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 10, 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 before 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 involving environmental concerns is encouraged 
to file its request as soon as possible in order to permit this 
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.

    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Gary A. Laakso, Southern Pacific Building, 
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.
    SPT has filed an environmental report which addresses the effects 
of the abandonment, if any, on the environment and historic resources. 
The Commission's Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by March 24, 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 

    Decided: March 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Vernon A. Williams,
[FR Doc. 95-6886 Filed 3-17-95; 8:45 am]