[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9551]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-1 (Sub-No. 258X)]


Chicago and North Western Railway Company--Abandonment 
Exemption--in Dane County, WI

    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 2,100 feet of its line of railroad known as the 
Central Soya Spur extending from milepost 89.9 to a point 1,320 feet 
west of McKee Road near Madison, in Dane County, WI.1

    \1\C&NW states that the involved line segment is an unused 
industrial spur and that the track was formerly part of a longer 
C&NW line. It cites The Atchison, Topeka and Santa Fe Railway 
Company--Abandonment Exemption--In Lyon County, KS, Docket No. AB-52 
(Sub-No. 71X) (ICC served June 17, 1991) for the proposition that 
Commission approval is required for abandonment of the track because 
of its prior main line status.
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    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 (service of environmental report on 
agencies), 49 CFR 1105.8 (service of historic report on State Historic 
Preservation Officer), 49 CFR 1105.11 (transmittal letter), 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 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 May 18, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,2 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 
1152.294 must be filed by April 28, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 8, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \2\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 
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 concerns is encouraged to 
file its request as soon as possible in order to permit the 
Commission to review and act on the request before the effective 
date of this exemption.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Robert T. Opal, Senior Commerce Counsel, 
Chicago and North Western Railway 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.
    Applicant has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by April 21, 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, 
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: April 11, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-9551 Filed 4-17-95; 8:45 am]
BILLING CODE 7035-01-P