[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Notices]
[Page 32710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15452]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-33 (Sub-No. 89X)]
Union Pacific Railroad Company--Abandonment Exemption--In
McPherson County, KS (McPherson Branch)
Union Pacific Railroad Company (UP) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon its 12.6-
mile line of railroad between milepost 518.0 near McPherson and
milepost 530.6 near Lindsborg, in McPherson County, KS.
UP has certified that: (1) no local traffic has moved over the line
for at least 2 years; (2) the line is not used to move 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 (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 July 23, 1995, 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
1152.29 3 must be filed by July 3, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by July 13, 1995, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
\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
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.
\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 pleading filed with the Commission should be sent to
applicant's representative: Joseph D. Anthofer, 1416 Dodge St., Room
830, Omaha, NE 68179.
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 June 28, 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: June 14, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-15452 Filed 6-22-95; 8:45 am]
BILLING CODE 7035-01-P
