[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24895]


[[Page Unknown]]

[Federal Register: October 7, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-52 (Sub-No. 77X)]

 

The Atchison, Topeka and Santa Fe Railway Company--Discontinuance 
of Service Exemption--In San Bernardino County, CA

    The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) has 
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Trackage Rights to discontinue rail 
service over 1.96 miles of rail line in Santa Fe's Redlands 
Subdivision, extending from milepost 11.40 to milepost 13.14, in San 
Bernardino County, CA.1
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    \1\Santa Fe will be discontinuing its service on this former 
Santa Fe line, which was found to be owned by San Bernardino 
Associated Governments (with Santa Fe retaining a freight service 
easement) in Orange County Transp.--Exempt.--Atchinson, T. & S.F. 
Ry. Co., 10 I.C.C.2d 78 (1994) (Orange County).
    Santa Fe suggests that the Commission's finding in Orange County 
regarding ownership of the line was incorrect and asks that, if that 
decision is modified, this exemption be considered to constitute 
authority for Santa Fe to abandon the line as of the date of such 
modification. If such modification to Orange County were to occur, 
this notice would be reopened for appropriate action.
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    Santa Fe 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 1105.12 (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 affected by 
the discontinuance of service 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 November 6, 1994, unless stayed pending reconsideration. 
Petitions to stay must be filed by October 17, 1994. Petitions to 
reopen must be filed by October 27, 1994, with: Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.2
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    \2\Because this is a discontinuance proceeding only, the routine 
provisions for trail use/rail banking or public use conditions 
provided for in abandonment proceedings are not appropriate here.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Dennis W. Wilson, The Atchison, Topeka and 
Santa Fe Railway Company, 1700 East Golf Road, Schaumburg, IL 60173.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Santa Fe has filed an environmental report which addresses the 
effects of the discontinuance, if any, on the environment or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by October 12, 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: September 30, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-24895 Filed 10-6-94; 8:45 am]
BILLING CODE 7035-01-P