[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4013]
[[Page Unknown]]
[Federal Register: February 23, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-1 (Sub-No. 240X)]
Chicago and North Western Transportation Company; Abandonment
Exemption; In Bellwood, Cook County, IL
Chicago and North Western Transportation Company (CNW) has filed a
notice of exemption under 49 CFR part 1152, subpart F--Exempt
Abandonments to abandon its 0.5 mile of line of railroad between
milepost 12.94 and milepost 13.44, in Bellwood, Cook County, IL.
CNW has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) the line is not used for movement of
overhead traffic; (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 report), 49 CFR 1105.11 (transmittal
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR
1152.50(d)(1) (notice to government agencies) have been met.
As a condition to the 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 March 25, 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 CFR
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR
1152.293 must be filed by March 7, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by March 15, 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 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 petition filed with the Commission should be sent to
applicant's representative: Thomas F. Flanagan, 165 North Canal Street,
Chicago, IL 60606-1551.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CNW 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 February 28, 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: February 14, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.
Secretary.
[FR Doc. 94-4013 Filed 2-22-94; 8:45 am]
BILLING CODE 7035-01-P
