[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Notices]
[Pages 12250-12251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5391]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-43 (Sub-No. 166X)]


Illinois Central Railroad Company--Abandonment Exemption--in 
Smith County, MS

    Illinois Central Railroad Company (IC) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon its 3-mile line of railroad (known as the Taylorsville, MS 
line) between milepost MB-128.50 and MB-131.50 in Taylorsville, Smith 
County, MS.
    IC has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) overhead traffic on the line has been 
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 (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 April 5, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,1 
formal expressions of intent to file offers of financial assistance 
under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests 
under 49 CFR 1152.293 must be filed by March 16, 1995. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by March 27, 1995, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 20423.

    \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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    A copy of any petition filed with the Commission should be sent to 
[[Page 12251]] applicant's representative: Myles L. Tobin, Illinois 
Central Railroad Company, 455 North Cityfront Plaza Drive, 20th Floor, 
Chicago, IL 60611.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    IC has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental or historic 
resources. The Commission's Section of Environmental Analysis (SEA) 
will issue an environmental assessment (EA) by March 10, 1995. 
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 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: February 24, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5391 Filed 3-3-95; 8:45 am]
BILLING CODE 7035-01-P