[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-170]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-410 (Sub-No. 1X)]
Austin Railroad Co., Inc., Discontinuance of Service Exemption--
in Burnet and Llano Counties, TX
Austin Railroad Co., Inc., d/b/a Austin & Northwestern Railroad
(AUNW) has filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances to discontinue service over
26.4 miles of railroad from milepost 127.7 at Scobee to milepost 154.1
at the end of the track at Llano, in Burnet and Llano Counties, TX.
AUNW has certified that: (1) No local traffic has moved over the
line for more than 2 years; (2) any overhead traffic 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 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) (notice of
governmental agencies) have been met.
As a condition to this exemption, any employee affected by the
discontinuance 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 (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 issues1 and
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2)2 must be filed by January 18, 1994. Petitions to
reopen 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 issued routinely 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 on environmental concerns is encouraged to
file its request as soon as possible in order to permit this
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).
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Michael W. Blaszak, 211 South Leitch
Avenue, LaGrange, IL 60525-2162.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
AUNW has filed an environmental report which addresses the
discontinuance's effects, if any, on the environmental and 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 by writing to SEE (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 is
available to the public.
Environmental and historic preservation conditions will be imposed,
where appropriate, in a subsequent decision.
Decided: December 29, 1993.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.
Secretary.
[FR Doc. 94-170 Filed 1-4-94; 8:45 am]
BILLING CODE 7035-01-P
