[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26398]
[[Page Unknown]]
[Federal Register: October 25, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-52 (Sub-No. 79X)]
The Atchison, Topeka & Santa Fe Railway Co.-- Abandonment
Exemption--in Atchison County, KS
The Atchison, Topeka & Santa Fe Railway Company (Santa Fe) has
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt
Abandonments to abandon a 4.6-mile segment of its Atchison Subdivision
between milepost 2.00 at or near Parnell and milepost 6.60 at or near
Atchison, in Atchison County, KS.
Santa Fe 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 November 24, 1994,\1\ 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 November 4, 1994.\4\ Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by November 14, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\1\While applicant filed its verified notice on September 30,
1994 and therefore seeks to consummate this abandonment on November
19, 1994, newspaper publication did not occur until October 5, 1994.
Accordingly, consummation cannot occur until November 24, 1994, at
the earliest.
\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 petition filed with the Commission should be sent to
applicant's representative: Dennis W. Wilson, The Atchison, Topeka &
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.
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 October 28, 1994. 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: October 18, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-26398 Filed 10-24-94; 8:45 am]
BILLING CODE 7035-01-P