95-15020. Petition for RulemakingProtection of Surveying Benchmarks in Railroad Abandonments

[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Page 32277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15020]



=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION

49 CFR Part 1105

[Ex Parte No. 511]


Petition for Rulemaking--Protection of Surveying Benchmarks in 
Railroad Abandonments

AGENCY: Interstate Commerce Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is modifying the notice requirements for 
environmental reports submitted in abandonment and abandonment 
exemption proceedings by adding to the list of individuals or agencies 
on which the railroad must serve a copy of the environmental report a 
single designated agent as representative of both the National Geodetic 
Survey (formerly the Coast and Geodetic Survey) and the U.S. Geological 
Survey.

EFFECTIVE DATE: This rule is effective July 21, 1995.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, [phone], or 
Ronald M. Smullian, [phone]. (TDD for the hearing impaired: 
[phone]).

SUPPLEMENTARY INFORMATION: The American Congress on Surveying and 
Mapping filed a petition with the Commission requesting the institution 
of a rulemaking proceeding for the purpose of considering the 
protection and preservation of surveying monuments and markers exposed 
to possible destruction when, pursuant to a Commission-authorized 
abandonment, railroad tracks are dismantled. On October 1, 1993, the 
Commission issued a notice soliciting public comment and/or specific 
proposals to assist it in determining whether to institute the 
requested rulemaking. Comments were received and analyzed. A decision 
denying the request for rulemaking but modifying the notice 
requirements of 49 CFR 1105.7(b) is being served concurrently with the 
publication of this notice. Section 1105.7(b) is modified by adding the 
National Geodetic Survey (formerly known as the Coast and Geodetic 
Survey), as designated agent for the National Geodetic Survey and the 
U.S. Geological Survey, to the list of individuals or agencies on which 
a copy of the railroad's environmental report submitted in abandonment 
and abandonment exemption proceedings must be served.
    Additional information is contained in the Commission's decision in 
Ex Parte No. 511. To purchase a copy of this decision, write to, call, 
or pick up in person from: Dynamic Concepts, Inc., Interstate Commerce 
Commission Building, 1201 Constitution Avenue NW., Room 2229, 
Washington, D.C. 20423. Telephone: [phone]. (Assistance for 
the hearing impaired is available through TDD services, (202) 927-
5721.)
    This action simply broadens the notice requirement of 49 CFR 
1105.7(b) by adding one new party to the required railroad 
environmental report service list. Accordingly, the economic impact of 
this action, if any, will be minimal and is not likely to be felt by a 
substantial number of small entities. See 5 U.S.C. 605(b).

Environmental Statement

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1105

    Environmental impact statements, Reporting and recordkeeping 
requirements.

    Decided: June 2, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners McDonald and Simmons.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1105 of the Code of Federal Regulations is amended as follows:

PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

    1. The authority citation for part 1105 continues to read as 
follows:

    Authority: 49 U.S.C. 10321, 10505, 10901, 10903-10906, and 
11343; 16 U.S.C. 470f, 1451, and 1531; 42 U.S.C. 4332 and 6362(b); 
and 5 U.S.C. 553 and 559.

    2. Section 1105.7, paragraph (b) is amended as follows:
    (a) In paragraph (b)(9) after the semicolon, remove the word 
``and'';
    (b) Paragraph (b)(10) is redesignated as paragraph (b)(11); and
    (c) A new paragraph (b)(10) is added to read as follows:


Sec. 1105.7  Environmental reports.

* * * * *
    (b) * * *
    (10) The National Geodetic Survey (formerly known as the Coast and 
Geodetic Survey) as designated agent for the National Geodetic Survey 
and the U.S. Geological Survey; and
* * * * *
[FR Doc. 95-15020 Filed 6-20-95; 8:45 am]
BILLING CODE 7035-01-P