INTERSTATE COMMERCE COMMISSION
[Docket No. AB-310X]
Utah Railway Company--Abandonment Exemption--in Carbon County, UT
Utah Railway Company (UTAH) has filed a notice of exemption under
49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 3.6
miles of rail line between milepost 0.0 at Jacobs and milepost 3.6 at
Spring Canyon, in Carbon County, UT.\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 applicant,
in its verified notice, indicated a proposed consummation date of
November 30, 1995. Because the verified notice was not filed until
October 12, 1995, consummation should not have been proposed to take
place before December 1, 1995. Applicant's representative has
corrected the notice to state that the proposed consummation date is
December 1, 1995.
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UTAH has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic moves over the line;
(3) no formal complaint filed by a user of rail service on the line (or
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 (service of environmental report on agencies), 49 CFR
1105.8 (service of historic report on State Historic Preservation
Officer), and 49 CFR 1152.50(d)(1) (service of verified notice on
governmental agencies) have been met.
As a condition to use of this exemption, any employee 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 has been received, this exemption will be
effective on December 1, 1995 (unless stayed pending reconsideration).
Petitions to stay that do not involve environmental issues,\2\ formal
expressions of intent to file offers of financial assistance under 49
CFR 1152.27(c)(2),\3\ and trail use/rail banking statements under 49
CFR 1152.29 must be filed by November 13, 1995.\4\ Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by November 21, 1995, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
\2\A stay will be issued routinely 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
grounds is encouraged to file promptly so that the Commission may
act on the request before the effective date.
\3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\The Commission will accept late-filed trail use statements so
long as it retains jurisdiction.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: J. E. West, III, Utah Railway Company, 340
Hardscrabble Road, P. O. Box 261, Helper, UT 84526. If the notice of exemption contains false or misleading
information, use of the exemption is void ab initio.
UTAH has filed an environmental report which addresses the
abandonment's effects, if any, on the environment or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by November 6, 1995. Interested persons
may obtain a copy of the EA from SEA by writing to it at (Room 3219,
Interstate Commerce Commission, Washington, DC 20423) or by calling
Elaine Kaiser, Chief, 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: October 26, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-27137 Filed 10-31-95; 8:45 am]
BILLING CODE 7035-01-P
