[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Notices]
[Pages 6291-6292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2451]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-101 (Sub-No. 11X)]


Duluth, Missabe and Iron Range Railway Company--Abandonment 
Exemption--St. Louis County, MN

    Duluth, Missabe and Iron Range Railway Company (DM&IR) has filed a 
verified notice under 49 CFR Part 1152 Subpart F--Exempt Abandonments 
to abandon the 1.22-mile Superior Branch of the Missabe Division 
between milepost H15.58, at or near Ruby Junction, and the end of the 
line at milepost H16.61, at or near Hibbing, MN, in St. Louis County, 
MN.
    DM&IR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line 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 complainant's favor within the last 2 
years; and (4) the requirements at 49 CFR 1105.7 (environmental 
report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 and 
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12 
(newspaper publication) have been met.
    As a condition to 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 employees 
are adequately protected, a petition for partial revocation under 49 
U.S.C. 10505(d) must be filed.
    This exemption will be effective March 3, 1995, unless stayed or a 
statement of intent to file an offer of financial assistance (OFA) is 
filed. Petitions to stay that do not involve environmental 
issues,1 statements of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 
1152.293 must [[Page 6292]] be filed by February 13, 1995. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by February 21, 1995. An original and 10 copies 
of any such filing must be sent to the Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 20423. 
In addition, one copy must be served on Robert J. Koch, P.O. Box 68, 
135 Jamison Lane, Monroeville, PA 15146.

    \1\ The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
in its independent investigation) cannot be made before the 
exemption's effective date. See Exemption of Out-of-Service Rail 
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed 
as soon as possible so that the Commission may take appropriate 
action before the exemption's effective date.
    \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 requests so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    DM&IR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Commission's Section of Environmental Analysis (SEA) 
will issue an environmental assessment (EA) by February 6, 1995. A copy 
of the EA may be obtained by writing to SEA (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser 
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: January 23, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-2451 Filed 1-31-95; 8:45 am]
BILLING CODE 7035-01-P