[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12517]
[[Page Unknown]]
[Federal Register: May 23, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-1 (Sub-No. 253X)]
Chicago and North Western Transportation Company--Abandonment
Exemption--In Monroe County, IA
Chicago and North Western Transportation Company (CNW) has filed a
notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments to abandon approximately 1.5 miles of rail line between
the old Burlington Northern crossing at Maxon (previously designated as
old railroad milepost 323.1) and the former Norfolk Southern connection
at Albia (previously designated as old railroad milepost 324.6), in
Monroe County, IA.
CNW 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), 49 CFR 1105.8 (historic
requirement), 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 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 expressions of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on June 22, 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 statements under 49 CFR
1152.293 must be filed by June 2, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 13, 1994, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
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\1\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 involving 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 representatives: Thomas F. Flanagan, Chicago and North
Western Transportation Company, 165 North Canal Street, Chicago, IL
60606.
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 effects
of the abandonment's effect, if any, on the environment or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by May 27, 1994. Interested persons may
obtain a copy of the EA from SEA 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: May 12, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-12517 Filed 5-20-94; 8:45 am]
BILLING CODE 7035-01-P
