[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49285-49286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23497]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-57 (Sub-No. 41X)]


Soo Line Railroad Company--Abandonment Exemption--in Benson 
County, ND

    Soo Line Railroad Company (Soo) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 5.5 miles of its ``Harlow to Baker Trackage'' between 
milepost 474.35, near Harlow, and milepost 
479.54, near Baker, in Benson County, ND.
    Soo has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic 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 favor of the complainant within the 2-year 
period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 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 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 October 22, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,1 
formal expressions 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 be filed by October 2, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 12, 1995, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.

    \1\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 involving environmental concerns is encouraged 
to file its request as soon as possible to permit the Commission to 
review and act on the request prior to the effective date of this 
exemption.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\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: Larry D. Starns, 1000 Soo Line Building, 
105 South 5th St., 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 effects 
of the abandonment, if any, on the environment and historic resources. 
The Commission's Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by September 27, 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 

[[Page 49286]]
filed within 15 days after the EA is 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: September 14, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-23497 Filed 9-21-95; 8:45 am]
BILLING CODE 7035-01-P