[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3366]


[[Page Unknown]]

[Federal Register: February 14, 1994]


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

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-43 (Sub-No. 165X)]

 

Illinois Central Railroad Company; Abandonment Exemption; in 
Perry and Randolph Counties, IL

    Illinois Central Railroad Company (IC) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon its Sparta District line between milepost 576.28 (V.S. 
30435+31) and milepost 579.30 (V.S. 30594+96) near Willisville, IL, a 
distance of approximately 3.0 miles, in Perry and Randolph Counties, 
IL.1
---------------------------------------------------------------------------

    \1\IC states that it plans to consummate this abandonment on 
March 12, 1994. However, because the notice must be filed with the 
Commission at least 50 days before the abandonment/discontinuance is 
to be consummated, consummation cannot take place here before March 
15, 1994. See 49 CFR 1152.50(d)(2).
---------------------------------------------------------------------------

    IC states that, in a related Notice of Exemption filed January 21, 
1994, Missouri Pacific Railroad Company seeks discontinuance of 
trackage rights and lease termination regarding the Sparta District 
line in Docket No. AB-3 (Sub-No. 114X).
    IC 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; (c) 
no formal complaint filed by a user of rail service on the line (or 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 March 13, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,2 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 
1152.294 must be filed by February 21, 1994. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by March 3, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.
---------------------------------------------------------------------------

    \2\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 before 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.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\The Commission will accept late-filed trail use statements as 
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------

    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Myles L. Tobin, 455 North Cityfront Plaza 
Dr., 20th Fl., Chicago, IL 60611.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    IC has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by February 16, 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 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: February 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-3366 Filed 2-11-94; 8:45 am]
BILLING CODE 7035-01-P