[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49285-49286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23497]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-57 (Sub-No. 41X)]
Soo Line Railroad Company--Abandonment Exemption--in Benson
County, ND
Soo Line Railroad Company (Soo) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 5.5 miles of its ``Harlow to Baker Trackage'' between
milepost 474.35, near Harlow, and milepost
479.54, near Baker, in Benson County, ND.
Soo has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) all overhead traffic has been rerouted
over other lines; (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
reports), 49 CFR 1105.8 (historic reports), 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 October 22, 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
1152.293 must be filed by October 2, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by October 12, 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 involving environmental concerns is encouraged
to file its request as soon as possible to permit the Commission to
review and act on the request prior to 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: Larry D. Starns, 1000 Soo Line Building,
105 South 5th St., Minneapolis, MN 55402.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Soo has filed an environmental report which addresses the effects
of the abandonment, if any, on the environment and historic resources.
The Commission's Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by September 27, 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
[[Page 49286]]
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: September 14, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-23497 Filed 9-21-95; 8:45 am]
BILLING CODE 7035-01-P
