[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Notices]
[Pages 45492-45493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21636]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-57 (Sub-No. 38X)]


Soo Line Railroad Company; Abandonment Exemption; Dakota County, 
MN

    Soo Line Railroad Company (Soo) has filed a notice of exemption 
under 49 CFR Part 1152 Subpart F; Exempt Abandonments to abandon its 
approximately 0.25-mile rail line (known as the ``Vermillion River 
Bridge Trackage'') between milepost 390.92 north of the Vermillion 
River and milepost 391.17 south of the Vermillion River and north of 
East 21st Street, 

[[Page 45493]]
including the Vermillion River Bridge, at Hastings, in Dakota County, 
MN.
    Soo has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic has been rerouted over 
other lines; (3) no formal complaint filed by a user of rail service on 
this line (or a state or local government entity acting on behalf of 
such user) regarding cessation of service over the line is either 
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 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.1

    \1\ The Railway Labor Executives' Association (RLEA) filed 
comments opposing the proposed abandonment and requesting that we 
conduct an investigation, hold oral hearings, and modify the 
standard labor protective conditions we routinely impose in 
abandonment exemptions. Because the Commission does not normally 
consider comments prior to the publication of a notice of exemption 
under 49 CFR 1152.50(b), RLEA can file a petition to stay and/or a 
petition to reopen or revoke on or before the dates specified in 
this notice.
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    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on September 30, 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 statements under 49 
CFR 1152.29 must be filed by September 11, 1995.4 Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by September 20, 1995, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 20423-
2191.

    \2\ 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 stay should be filed 
as soon as possible so that the Commission may take appropriate 
action before the exemption's effective date.
    \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 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 
applicant's representative: Larry D. Starns, 1000 Soo Line Building, 
105 South 5th Street, Minneapolis, MN 55402.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Soo 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 September 5, 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 other trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.

    Decided: August 23, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-21636 Filed 8-30-95; 8:45 am]
BILLING CODE 7035-01-P