Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Notices 11995

1The 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 Outof-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.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

3 The Commission 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.

check, post office money order, bank

draft or cashier’s check made payable to

the United State of America for the full

amount of the bid and non-refundable

fee and sent to Superintendent,

Cuyahoga Valley NRA, 15610 Vaughn

Road, Brecksville, Ohio 44141. The

property will be available for inspection

from 2:00 to 4:00 p.m. on April 29,

1995. Bids will be received until 2:00

p.m. on May 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Superintendent John P. Debo, Cuyahoga

Valley National Recreation Area, 15610

Vaughn Road, Brecksville, OH 44141

(216–526–5256).

SUPPLEMENTARY INFORMATION: This

notice is being published in accordance

with 36 CFR 17.4, July 1, 1992.

Dated: February 27, 1995

Roy F. Beasley, Jr.,

Acting Superintendent, Cuyahoga Valley

NRA.

[FR Doc. 95–5197 Filed 3–2–95; 8:45 am]

BILLING CODE 4310–70–P

INTERSTATE COMMERCE

COMMISSION

[Ex Parte No. 399]

Cost Recovery Percentage

AGENCY: Interstate Commerce

Commission.

ACTION: Publication of the Cost Recovery

Percentage for 1995.

SUMMARY: The provisions of 49 U.S.C.

10709(d)(5)(A) require the Commission

to calculate an annual cost recovery

percentage (CRP), a revenue-to-variable

cost (r/vc) ratio reflecting a hypothetical

rate ceiling that would permit railroads,

in the aggregate, to recover their costs of

doing business. If the CRP falls between

170% and 180%, it becomes the

jurisdictional threshold for determining

whether railroad traffic is market

dominant and hence subject to

maximum rate regulation. If it exceeds

180%, then the market dominance

threshold is set at 180%. Because the

calculated CRP for 1995 exceeds 180%,

the jurisdictional threshold applicable

to calendar year 1995 is 180%.

EFFECTIVE DATE: This decision is

effective April 2, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert C. Hasek, (202) 927–6239; or H.

Jeff Warren, (202) 927–6243. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Commission’s decision. To purchase

a copy of the full decision write to, call,

or pick up in person from: Dynamic

Concepts, Inc., Room 2229, Interstate

Commerce Commission Building, 1201

Constitution Avenue, N.W.,

Washington, DC 20423, or telephone

(202) 289–4357/4359. [Assistance for

the hearing impaired is available

through TDD services (202) 927–5721.]

Pursuant to 5 U.S.C. 605(b), we

conclude that our action in this

proceeding will not have a significant

economic impact on a substantial

number of small entities. No new

regulatory requirements are imposed,

directly or indirectly, on such entities.

The purpose of our regulation is to

calculate the threshold revenue-variable

cost ratio for market dominance

determinations as required by law. No

new reporting requirements will be

placed on the railroad industry. The

economic impact on small entities, if

any, will not likely be significant within

the meaning of the Regulatory

Flexibility Act.

This action will not significantly

affect either the quality of the human

environment or energy conservation.

Authority: 49 U.S.C. 10321, 10709; 5

U.S.C. 553.

Decided: February 10, 1995.

By the Commission, Chairman McDonald,

Vice Chairman Morgan, and Commissioners

Simmons and Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5261 Filed 3–2–95; 8:45 am]

BILLING CODE 7035–01–P

Docket No. AB–3 (Sub-No. 121X)]

Missouri Pacific Railroad Company—

Abandonment Exemption—in Morris

and Dickinson Counties, KS

Missouri Pacific Railroad Company

(MP) has filed a verified notice under 49

CFR Part 1152 Subpart F—Exempt

Abandonments to abandon a 26.57-mile

rail line between milepost 425.0, near

Council Grove, and milepost 451.57,

near Herington, in Morris and Dickinson

Counties, KS.

MP 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 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

complainant’s favor within the last 2

years; and (4) the requirements at 49

CFR 1105.7 (environmental report), 49

CFR 1105.8 (historic report), 49 CFR

1105.11 and 1152.50(d)(1) (notice to

government agencies), and 49 CFR

1105.12 (newspaper publication) have

been met.

As a condition to 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 employees

are adequately protected, a petition for

partial revocation under 49 U.S.C.

10505(d) must be filed.

This exemption will be effective April

2, 1995, 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

issues,1 statements of intent to file an

OFA under 49 CFR 1152.27(c)(2),2 and

trail use/rail banking requests under 49

CFR 1152.29 3 must be filed by March

13, 1995. Petitions to reopen or requests

for public use conditions under 49 CFR

1152.28 must be filed by March 23,

1995. 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 Joseph D.

Anthofer, 1416 Dodge Street, Rm. 830,

Omaha, NE 68179.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

MP has filed an environmental report

which addresses the abandonment’s

effects, if any, on the environment and

historic resources. The Commission’s

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by March 8, 1995. 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) 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.