[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Pages 33795-33796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16411]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board <SUP>1
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to the 
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-167 (Sub-No. 1161X)]


Consolidated Rail Corporation--Abandonment Exemption--in 
Vermilion and Champaign Counties, IL

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 24.50 miles of its line of railroad known as the Pekin 
Secondary Track from approximately milepost 4.00 to approximately 
milepost 28.50 in Vermilion and Champaign Counties, IL.<SUP>2
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    \2\ A Conrail line from milepost 28.50 at Urbana, to milepost 
78.3 at Bloomington, is the subject of a pending petition for 
exemption in Norfolk and Western Railway Company--Purchase and 
Operate--Consolidated Rail Corporation--in Urbana to Peoria, IL, STB 
Finance Docket No. 32957.
    By letter filed June 19, 1996, the Champaign County 
Administrative Services (County) filed a comment expressing concern 
about the proposed abandonment's effects on planned industrial areas 
on the east side of the City of Urbana and the elevator at Fulls 
Siding.
    While the County appears to oppose abandonment, its position is 
not altogether clear. Should it wish to seek specific relief from 
the Board, it may file a petition for stay or for other relief on or 
before the dates specified in this notice.
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    Conrail 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 Board or with any U.S. District Court or has been 
decided in favor of 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 met.
    This exemption is subject to the condition that consummation of the 
abandonment is contingent upon issuance by the Board of an exemption 
for the transaction that is the subject of STB Finance Docket No. 32957 
and upon the exercise of that exemption by acquisition and operation by 
Norfolk and Western Railway Company (NW) of the line that is the 
subject of that proceeding.
    As a further 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 
this condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(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 July 28, 1996, unless stayed pending 
reconsideration.<SUP>3 Petitions to stay that do not involve 
environmental issues,<SUP>4 formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2),<SUP>5 and trail use/rail banking requests 
under 49 CFR 1152.29 <SUP>6 must be filed by July 8, 1996. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by July 18, 1996, with: Office of the Secretary, Case Control 
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \3\ Conrail indicates that its intends to consummate abandonment 
on August 5, 1996, or on the date NW acquires the line between 
milepost 28.50 and milepost 78.3 and begins operations over it 
pursuant to the exemption sought in STB Finance Docket No. 32957, 
whichever is later.
    \4\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis 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 Board may 
take appropriate action before the exemption's effective date.
    \5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \6\ The Board 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.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: John J. Paylor, Associate General Counsel, 
Consolidated Rail Corporation, 2001 Market Street--16A, Philadelphia, 
PA 19101-1416.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. 
    Conrail has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis

[[Page 33796]]

(SEA) will issue an environmental assessment (EA) by July 3, 1996. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
3219, Surface Transportation Board, 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 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: June 21, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-16411 Filed 6-27 -96; 8:45 am]
BILLING CODE 4915-00-P