94-20058. Chicago and North Western Railway CompanyAbandonment ExemptionIn Des Moines, Polk County, IA

  • [Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20058]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 16, 1994]
    
    
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    INTERSTATE COMMERCE COMMISSION
    
    [Docket No. AB-1 (Sub-No. 256X)]
    
     
    
    Chicago and North Western Railway Company--Abandonment 
    Exemption--In Des Moines, Polk County, IA
    
        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 1.28 miles of rail line between milepost 216.1 
    and milepost 217.38 in Des Moines, Polk County, Iowa.
        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 (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 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 September 15, 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 
    1152.29 must be filed by August 26, 1994.3 Petitions to reopen or 
    requests for public use conditions under 49 CFR 1152.28 must be filed 
    by September 5, 1994, with: Office of the Secretary, Case Control 
    Branch, Interstate Commerce Commission, Washington, DC 20423.
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        \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 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 this 
    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 late-filed trail use statements 
    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 
    C&NW's representative: Thomas F. Flanagan, Commerce Counsel, Chicago 
    and North Western Transportation 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.
        C&NW has filed an environmental report which addresses the 
    abandonment's effects, if any, on environmental or historic resources. 
    The Section of Environmental Analysis (SEA) will issue an environmental 
    assessment (EA) by August 19, 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: August 4, 1994.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Acting Secretary.
    [FR Doc. 94-20058 Filed 8-15-94; 8:45 am]
    BILLING CODE 7035-01-P
    
    
    

Document Information

Published:
08/16/1994
Department:
Interstate Commerce Commission
Entry Type:
Uncategorized Document
Document Number:
94-20058
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 16, 1994, Docket No. AB-1 (Sub-No. 256X)