[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Notices]
[Pages 14778-14779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6887]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-435 (Sub-No. 1X)]


Willamette Valley Railway Company--Discontinuance of Service 
Exemption--in Marion County, OR

    Willamette Valley Railway Company (WVR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service and Trackage Rights to discontinue service 
over approximately 4.71 miles of rail line owned by Southern Pacific 
Transportation Company (SP) extending between milepost 721.10 at or 
near Geer rail station and milepost 725.81 at or near Salem rail 
station, in Marion County, OR.<SUP>1

    \1\ WVR was authorized to lease from SP and operate approximate 
72.37 miles of rail line, including this line segment, in Willamette 
Valley Railway Company--Acquisition, Lease and Operation Exemption--
Southern Pacific Transportation Company, Finance Docket No. 32249 
(ICC served Mar. 5, 1993). The lease transaction was consummated on 
February 22, 1993, as noted in SP's simultaneously filed notice of 
exemption to abandon this same line segment. See Southern Pacific 
Transportation Company--Abandonment Exemption--In Marion County, OR, 
Docket No. AB-12 (Sub-No. 183X).
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    WVR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic has been rerouted; 
(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), 49 CFR 1105.12 (newspaper publication), 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 discontinuance of service 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 April 19, 1995 (unless stayed pending reconsideration). 
Petitions to stay that do not involve environmental issues,<SUP>2 and 
formal expressions of intent to file offers of financial assistance 
under 49 CFR 1152.27(c)(2),<SUP>3 must be filed by March 30, 1995. 
Petitions to reopen must be filed by April 10, 1995, with: Office of 
the Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.<SUP>4

    \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\ Requests for trail use/rail banking or public use conditions 
will be considered in SP's related abandonment notice of exemption 
in Docket No. AB-12 (Sub-No. 183X).
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Fritz R. Kahn, Suite 750 West, 1100 New 
York Avenue, NW., Washington, DC 20005-3934.
    If the notice of exemption contains false or misleading 
information, use of the exemption is void ab initio.
    SP has filed an environmental report in Docket No. AB-12 (Sub-No. 
183X) which addresses the abandonment's effects, if any, on the 
environment or historic resources. WVR has adopted SP's environmental 
report here. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by March 24, 1995. 
[[Page 14779]] 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 and historic preservation, public use, or trail use/
rail banking conditions will be imposed, where appropriate, in a 
subsequent decision in Docket No. AB-12 (Sub-No. 183X).

    Decided: March 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-6887 Filed 3-17-95; 8:45 am]
BILLING CODE 7035-01-P