[Federal Register Volume 59, Number 229 (Wednesday, November 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29497]
[[Page Unknown]]
[Federal Register: November 30, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-431 (Sub-No. 1X)]
The Prescott and Northwestern Railroad Company--Abandonment
Exemption--In Hempstead and Pike Counties, AR
The Prescott and Northwestern Railroad Company (PNW)1 has
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt
Abandonments to abandon a 26-mile segment of its rail line between
milepost 5.0 near Prescott and the end of the line at milepost 31.0 at
Highland, in Hempstead and Pike Counties, AR.
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\1\PNW is controlled by Potlatch Corporation of San Francisco,
CA, a noncarrier.
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PNW has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line has
been 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 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 report), 49 CFR 1105.8
(historic report), 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 December 30, 1994, 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 statements under 49 CFR
1152.294 must be filed by December 12, 1994. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by December 20, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\2\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
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 based on environmental concerns should file
its request as soon as possible in order to permit the Commission to
review and act on the request before the exemption's effective date.
\3\See Exempt of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\The Commission will accept late-filed trail use statements as
long as it retains jurisdiction over the line.
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A copy of any pleading 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.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
PNW has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by December 5, 1994. 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 is
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: November 18, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-29497 Filed 11-29-94; 8:45 am]
BILLING CODE 7035-01-P
