[Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16226]
[[Page Unknown]]
[Federal Register: July 6, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-6 (Sub-No. 361X)]
Burlington Northern Railroad Company--Abandonment Exemption--In
Bureau County, IL
Burlington Northern Railroad Company (BN) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 5.091 miles of rail line between milepost 193.36
near Ladd and milepost 188.27 near Howe in Bureau County, IL.
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\1\Although BN stated it was abandoning 5.13 miles of rail line,
the actual mileage between mileposts is 5.09 miles.
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BN 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 this line (or 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 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to 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 August 5, 1994,2 unless stayed pending
reconsideration. Petitions to stay that do not involve environmental
issues,3 formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking statements under 49 CFR
1152.29 must be filed by July 18, 1994.5 Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by July 26, 1994, with: Office of the Secretary, Case Control Branch,
Interstate Commerce Commission, Washington, DC 20423.
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\2\Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Commission at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant,
in its verified notice, indicated a proposed consummation date of
August 4, 1994. Because the verified notice was filed June 16, 1994,
consummation could not take place prior to August 5, 1994. BN's
representative has confirmed that the correct consummation date is
on or after August 5, 1994.
\3\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.
\4\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\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: Sarah J. Whitley, Burlington Northern
Railroad Company, 3800 Continental Plaza, 777 Main Street, Fort Worth,
TX 76102-5384.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
BN 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 July 11, 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 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 27, 1994.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-16226 Filed 7-5-94; 8:45 am]
BILLING CODE 7035-01-P
