[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-170]


[[Page Unknown]]

[Federal Register: January 5, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-410 (Sub-No. 1X)]

 

Austin Railroad Co., Inc., Discontinuance of Service Exemption--
in Burnet and Llano Counties, TX

    Austin Railroad Co., Inc., d/b/a Austin & Northwestern Railroad 
(AUNW) has filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances to discontinue service over 
26.4 miles of railroad from milepost 127.7 at Scobee to milepost 154.1 
at the end of the track at Llano, in Burnet and Llano Counties, TX.
    AUNW has certified that: (1) No local traffic has moved over the 
line for more than 2 years; (2) any overhead traffic can be 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 (service of 
environmental report on agencies), 49 CFR 1105.8 (service of historic 
report on State Historic Preservation Officer), 49 CFR 1105.12 
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice of 
governmental agencies) have been met.
    As a condition to this exemption, any employee affected by the 
discontinuance 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 February 4, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues1 and 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2)2 must be filed by January 18, 1994. Petitions to 
reopen 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 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).
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Michael W. Blaszak, 211 South Leitch 
Avenue, LaGrange, IL 60525-2162.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    AUNW has filed an environmental report which addresses the 
discontinuance's effects, if any, on the environmental and 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 by writing to SEE (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 is 
available to the public.
    Environmental and historic preservation conditions will be imposed, 
where appropriate, in a subsequent decision.

    Decided: December 29, 1993.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.
Secretary.
[FR Doc. 94-170 Filed 1-4-94; 8:45 am]
BILLING CODE 7035-01-P