[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Notices]
[Pages 15788-15789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7443]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-330 (Sub-No. 2X)]
Otter Tail Valley Railroad Company, Inc.--Abandonment Exemption--
in Otter Tail County, MN
Otter Tail Valley Railroad Company, Inc. (OTVR) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon approximately 1.1 miles of rail line between milepost 184.0 and
milepost 185.1, in Otter Tail County, MN.
OTVR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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 1152.40(d)(1) (notice to
governmental agencies) 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 expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on April 26, 1995, unless stayed pending reconsideration.
Petitions to stay that do [[Page 15789]] 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 statements under 49 CFR
1152.29 must be filed by April 6, 1995.\3\ Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 17, 1995, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
\1\The Commission will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Commission
in its independent investigation) cannot be made before the
exemption's effective date. See Exemption of Out-of-Service Rail
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed
as soon as possible so that the Commission may take appropriate
action before the exemption's effective date.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept late-filed trail use requests so
long as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Christopher E. Kaczmarek, 1350 New York
Avenue NW., Suite 800, Washington, DC 20005-4797.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
OTVR has filed an environmental report which addresses the
abandonment's effects, if any, on the environmental or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 31, 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: March 20, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. William,
Secretary.
[FR Doc. 95-7443 Filed 3-24-95; 8:45 am]
BILLING CODE 7035-01-M
