[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-169]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-52 (Sub-No. 76X)]
Atchison, Topeka and Santa Fe Railway Co.--Abandonment
Exemption--in Harper County, KS
The Atchison, Topeka and Santa Fe Railway Company (SF) has filed a
notice of exemption under 49 CFR part 1152 Subpart F--Exempt
Abandonments to abandon a 1.84-mile line of railroad on its H&S
Subdivision from milepost 258+2,120 feet to milepost 256+2,993 feet at
or near Harper, in Harper County, KS.
SF has certified that: (1) No local traffic has moved over the line
for at least 2 years; (2) any overhead traffic can be rerouted over
other lines; and (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 requirement at 49 CFR 1152.50(d)(1) (notice to
government agencies), 49 CFR 1105.7 (environmental reports), 49 CFR
1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), and 49
CFR 1105.12 (newspaper publication) have been met.
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 expressions of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on February 4, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,1
formal expressions of intent to file an OFA under 49
1152.27(c)(2),2 and trail use/rail banking statements under 49 CFR
1152.293 must be filed by January 18, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by January 25, 1994, with: Office of the Secretary Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
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\1\ A stay will be routinely issued 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 Energy
and Environment 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 involving environmental concerns is encouraged
to file its request as soon as possible in order to permit the
Commission to review and act on the request before the effective
date of this exemption.
\2\ See Exempt, of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\ The Commission will accept a late-filed trail use request as
long as it retains jurisdiction to do so.
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A copy of any pleading filed with the Commission should be sent to
applicant's representative: Peter M. Olson, 1700 E. Golf Road,
Schaumburg, IL 60173.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
SF has filed an environmental report which addresses the
abandonment's effect, if any, on the environment or historic resources.
The Section of Energy and Environment (SEE) will issue an environmental
assessment (EA) by January 10, 1994. Interested persons may obtain a
copy of the EA from SEE by writing to it (Room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser,
Chief of SEE, 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: December 28, 1993.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.
Secretary.
[FR Doc. 94-169 Filed 1-4-94; 8:45 am]
BILLING CODE 7035-01-P
