[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Notices]
[Pages 7582-7583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3157]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-52 (Sub-No. 81X)]


The Atchison, Topeka and Santa Fe Railway Company--Abandonment 
Exemption--in Cowley County, KS

    The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) has 
filed a notice of exemption under 49 CFR 1152 subpart F--Exempt 
Abandonments to abandon approximately 1.6 miles of main line from a 
common point at milepost 264.2 at the intersection of Chestnut Avenue 
and the centerline of the main line to be abandoned (1) southeasterly 
to Madison Avenue and (2) southwesterly to Washington Avenue, in 
Arkansas City, Cowley County, KS.
    Santa Fe 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; (3) 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 (service of environmental report on 
agencies), 49 CFR 1105.8 (service of historic report on State Historic 
Preservation Officer), 49 CFR 1105.12 (newspaper publication), and 49 
CFR 1152.50(d)(1) (service of verified notice on governmental agencies) 
have been met.
    As a condition to use of this exemption, any employee 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 has been received, this exemption will be 
effective on March 10, 1995 (unless stayed pending 
reconsideration).1 Petitions to stay that do not involve 
environmental issues,2 formal expressions of intent to file offers 
of financial assistance under 49 CFR 1152.27(c)(2),3 and trail 
use/rail banking statements under 49 CFR 1152.29 must be filed by 
February 21, 1995.4 Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 28, 1995, 
with: Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.

    \1\The notice of exemption incorrectly named February 12, 1995, 
as the transaction consummation date. The consummation date cannot 
be earlier than the notice's effective date (50 days from the filing 
date). This notice of exemption was scheduled to become effective on 
March 8, 1995, but this date was extended to March 10, 1995, because 
Santa Fe filed a corrected line description on February 1, 1995.
    \2\A stay will be issued routinely 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 on environmental 
grounds is encouraged to file promptly so that the Commission may 
act on the request before the effective date.
    \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 
so long as it retains jurisdiction.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Peter M. Olson, 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, use of the exemption is void ab initio.
    Santa Fe has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by February 13, 1995. Interested persons 
may obtain a copy of the EA from SEA by writing to it at (Room 3219, 
Interstate Commerce Commission, Washington, DC 20423) or by calling 
Elaine Kaiser, Chief, SEA at (202) 927-6248. Comments on environmental 
and historic preservation matters must be filed within 15 days 
[[Page 7583]] 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: February 2, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-3157 Filed 2-7-95; 8:45 am]
BILLING CODE 7035-01-P