[Federal Register Volume 60, Number 202 (Thursday, October 19, 1995)]
[Notices]
[Page 54085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25938]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-6 (Sub-No. 375X)]
Burlington Northern Railroad Company--Abandonment Exemption--in
Snohomish County, WA
Burlington Northern Railroad Company (BN) has filed a notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon its 1.27-mile line of railroad between BN milepost 6.92 and BN
milepost 8.19, and the 1.42-mile Cascade Pole Spur in and near
Arlington, a total of 2.69 miles, in Snohomish County, WA.1
\1\ BN originally filed this notice of exemption under Docket
No. AB-6 (Sub-No. 364X). However, by decision served May 31, 1995,
the Director of the Office of Proceedings permitted BN to withdraw
the notice of exemption without prejudice.
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BN 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 favor of the 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.
As a condition to use of this exemption, any employee 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 expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on November 18, 1995, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR
1152.29 4 must be filed by October 30, 1995. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by November 8, 1995, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
\2\ 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
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 concerns is encouraged to
file its request as soon as possible in order to permit the
Commission to review and act on the request prior to the effective
date of this exemption.
\3\ See Exempt. of Rail Abandonment Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ 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: Sarah J. Whitley, 3800 Continental Plaza,
777 Main Street, Fort Worth, TX 76102-5384.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
BN filed an environmental report which addresses the effects of the
abandonment, if any, on the environment and historic resources. The
Commission's Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by October 24, 1995. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate
Commerce Commission, 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: October 13, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25938 Filed 10-18-95; 8:45 am]
BILLING CODE 7035-01-P
