[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9551]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-1 (Sub-No. 258X)]
Chicago and North Western Railway Company--Abandonment
Exemption--in Dane County, WI
Chicago and North Western Railway Company (C&NW) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon approximately 2,100 feet of its line of railroad known as the
Central Soya Spur extending from milepost 89.9 to a point 1,320 feet
west of McKee Road near Madison, in Dane County, WI.1
\1\C&NW states that the involved line segment is an unused
industrial spur and that the track was formerly part of a longer
C&NW line. It cites The Atchison, Topeka and Santa Fe Railway
Company--Abandonment Exemption--In Lyon County, KS, Docket No. AB-52
(Sub-No. 71X) (ICC served June 17, 1991) for the proposition that
Commission approval is required for abandonment of the track because
of its prior main line status.
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C&NW 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 (service of environmental report on
agencies), 49 CFR 1105.8 (service of historic report on State Historic
Preservation Officer), 49 CFR 1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (service of
verified notice on 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 May 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
1152.294 must be filed by April 28, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by May 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 before 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: Robert T. Opal, Senior Commerce Counsel,
Chicago and North Western Railway Company, 165 North Canal Street,
Chicago, IL 60606-1551.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Applicant 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 April 21, 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: April 11, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-9551 Filed 4-17-95; 8:45 am]
BILLING CODE 7035-01-P
