[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12517]


[[Page Unknown]]

[Federal Register: May 23, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-1 (Sub-No. 253X)]

 

Chicago and North Western Transportation Company--Abandonment 
Exemption--In Monroe County, IA

    Chicago and North Western Transportation Company (CNW) has filed a 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon approximately 1.5 miles of rail line between 
the old Burlington Northern crossing at Maxon (previously designated as 
old railroad milepost 323.1) and the former Norfolk Southern connection 
at Albia (previously designated as old railroad milepost 324.6), in 
Monroe County, IA.
    CNW 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; (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), 49 CFR 1105.8 (historic 
requirement), 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 expressions of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on June 22, 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 CFR 
1152.27(c)(2),2 and trail use/rail banking statements under 49 CFR 
1152.293 must be filed by June 2, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 13, 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 
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 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 petition filed with the Commission should be sent to 
applicant's representatives: Thomas F. Flanagan, Chicago and North 
Western Transportation Company, 165 North Canal Street, Chicago, IL 
60606.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    CNW has filed an environmental report which addresses the effects 
of the abandonment's effect, if any, on the environment or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by May 27, 1994. Interested persons may 
obtain a copy of the EA from SEA 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: May 12, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-12517 Filed 5-20-94; 8:45 am]
BILLING CODE 7035-01-P