[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-169]


[[Page Unknown]]

[Federal Register: January 5, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-52 (Sub-No. 76X)]

 

Atchison, Topeka and Santa Fe Railway Co.--Abandonment 
Exemption--in Harper County, KS

    The Atchison, Topeka and Santa Fe Railway Company (SF) has filed a 
notice of exemption under 49 CFR part 1152 Subpart F--Exempt 
Abandonments to abandon a 1.84-mile line of railroad on its H&S 
Subdivision from milepost 258+2,120 feet to milepost 256+2,993 feet at 
or near Harper, in Harper County, KS.
    SF has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) any overhead traffic can be rerouted over 
other lines; and (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 requirement at 49 CFR 1152.50(d)(1) (notice to 
government agencies), 49 CFR 1105.7 (environmental reports), 49 CFR 
1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), and 49 
CFR 1105.12 (newspaper publication) 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 expressions of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on February 4, 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 
1152.27(c)(2),2 and trail use/rail banking statements under 49 CFR 
1152.293 must be filed by January 18, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by January 25, 1994, with: Office of the Secretary Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \1\ A stay will be routinely issued 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 involving 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: Peter M. Olson, 1700 E. Golf Road, 
Schaumburg, IL 60173.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    SF has filed an environmental report which addresses the 
abandonment's effect, if any, on the environment or historic resources. 
The Section of Energy and Environment (SEE) will issue an environmental 
assessment (EA) by January 10, 1994. Interested persons may obtain a 
copy of the EA from SEE by writing to it (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
Chief of SEE, 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: December 28, 1993.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.
Secretary.
[FR Doc. 94-169 Filed 1-4-94; 8:45 am]
BILLING CODE 7035-01-P