[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20058]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-1 (Sub-No. 256X)]

 

Chicago and North Western Railway Company--Abandonment 
Exemption--In Des Moines, Polk County, IA

    Chicago and North Western Railway Company (C&NW) has filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon approximately 1.28 miles of rail line between milepost 216.1 
and milepost 217.38 in Des Moines, Polk County, Iowa.
    C&NW 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 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 September 15, 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 
1152.29 must be filed by August 26, 1994.3 Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 5, 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).
    \3\ The Commission will accept late-filed trail use statements 
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 
C&NW's representative: Thomas F. Flanagan, Commerce Counsel, Chicago 
and North Western Transportation Company, 165 North Canal Street, 
Chicago, IL 60606-1551.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    C&NW has filed an environmental report which addresses the 
abandonment's effects, if any, on environmental or historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by August 19, 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 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: August 4, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20058 Filed 8-15-94; 8:45 am]
BILLING CODE 7035-01-P