Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Notices 15159

4The statement in Trails that section 10905 does

not apply to abandonment or discontinuance

exemptions has since been superseded by our

adoption of rules allowing OFAs in these

exemption proceedings. See 49 CFR 1152.27.

1A 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 in order to permit this

Commission to review and act on the request prior

to the effective date of this exemption.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

3The Commission will accept a late-filed trail use

request as long as it retains jurisdiction to do so.

conditions.4 Accordingly, if a formal

expression of intent to file an OFA is

timely filed under 49 CFR 1152.27(c)(2),

the effective date of this notice will be

postponed 10 days beyond the effective

date indicated here. In addition, the

effective date may be further postponed

at later stages in the OFA process. See

49 CFR 1152.27(e)(2) and (f). Finally, if

the line is sold under the OFA

procedures, the notice for abandonment

exemption will be dismissed and trail

use precluded. Alternatively, if a sale

under the OFA procedures does not

occur, trail use may proceed.

BN 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 March 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

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.

It is ordered:

1. Subject to the conditions set forth

above, BN may discontinue service,

cancel tariffs for the line on not less

than 10 days’ notice to the Commission,

and salvage track and material

consistent with interim trail use/rail

banking after the effective date of this

notice of exemption and NITU. Tariff

cancellations must refer to this notice by

date and docket number.

2. If an interim trail use/rail banking

agreement is reached, then with respect

to the right-of-way, it must require the

trail user to assume, for the term of the

agreement, full responsibility for

management of, for any legal liability

arising out of the transfer or use of

(unless the user is immune from

liability, in which case it need only

indemnify BN from any potential

liability), and for the payment of any

and all taxes that may be levied or

assessed against, the right-of-way.

3. Interim trail use/rail banking is

subject to the future restoration of rail

service and to the user’s continuing to

meet the financial obligations for the

right-of-way.

4. If interim trail use is implemented

and subsequently the user intends to

terminate trail use, it must send the

Commission a copy of this notice of

exemption and NITU and request that it

be vacated on a specified date.

5. If an agreement for interim trail

use/rail banking is reached by the 180th

day after service of this decision and

notice, interim trail use may be

implemented. If no agreement is

reached by that time, BN may fully

abandon the line.

6. Provided no formal expression of

intent to file an offer of financial

assistance has been received, this notice

of exemption and NITU will be effective

on April 21, 1995.

Decided: March 15, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–6896 Filed 3–21–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–6 (Sub-No. 364X)]

Burlington Northern Railroad

Company; Abandonment Exemption—

in Snohomish County, WA; Exemption

and Notice of Interim Trail Use or

Abandonment

Burlington Northern Railroad

Company (BN) has filed a notice of

exemption under 49 CFR part 1152

Subpart F—Exempt Abandonments to

abandon its 2.69-mile line of railroad

between BN milepost 6.92 and BN

milepost 8.19, and the 1.42-mile

Cascade Pole Spur in and near

Arlington, in Snohomish County, WA.

BN 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 (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 April 21,

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 1152.29 3 must be filed by April 3,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by April 11, 1995,

with: Office of the Secretary, Case

Control Branch, Interstate Commerce

Commission, Washington, DC 20423.

A copy of any pleading filed with the

Commission should be sent to

applicant’s representative: Sarah J.

Whitley, 3800 Continental Plaza, 777

Main Street, Fort Worth, TX 76102–

5384.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

The Snohomish County Parks and

Recreation Department (SCPRD)

requests issuance of a notice of interim

trail use/rail banking (NITU) for the

involved line under the National Trails

System Act (Trails Act), 16 U.S.C.

1247(d). SCPRD has submitted a

statement of willingness to assume

financial responsibility for the interim

trail use and rail banking in compliance

with 49 CFR 1152.29 and acknowledged

that the use of the right-of-way as a trail

is subject to future reactivation of rail

service. BN consents to this request and

is willing to negotiate with SCPRD.

While expressions of interest in

interim trail use need not be filed until

10 days after the date the notice of

exemption is published in the Federal

Register [49 CFR 1152.29(b)(2)], the

provisions of 16 U.S.C. 1247(d) (Trails

Act) are applicable, and all of the
15160 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Notices

4The statement in Trails that section 10905 does

not apply to abandonment or discontinuance

exemptions has since been superseded by the

adoption of rules allowing OFAs in these

exemption proceedings. See 49 CFR 1152.27.

criteria for imposing trail use/rail

banking have been met. Accordingly,

based on BN’s willingness to enter into

negotiations with SCPRD, a NITU will

be issued. The parties may negotiate an

agreement during the 180-day period

prescribed below. If a mutually

acceptable final agreement is reached,

further Commission approval is not

necessary. If no agreement is reached

within 180 days, BN may fully abandon

the line. See 49 CFR 1152.29(d)(1).

Issuance of this NITU does not

preclude other parties from filing

interim trail use/rail banking requests.

Nor does it preclude BN from

negotiating with other parties in

addition to SCPRD during the NITU

negotiating period. If additional trail use

requests are filed, BN is directed to

respond to them. Use of the right-of-way

for trail purposes is subject to

restoration for railroad purposes.

The parties should note that operation

of the trail use procedures could be

delayed, or even foreclosed, by the OFA

process under 49 U.S.C. 10905. As

stated in Rail Abandonments—Use of

Rights-of-Way as Trails, 2 I.C.C.2d 591

(1986) (Trails), OFAs to acquire rail

lines for continued rail service or to

subsidize rail operations take priority

over interim trail use conditions.4

Accordingly, if a formal expression of

intent to file an OFA is timely filed

under 49 CFR 1152.27(c)(2), the

effective date of this notice will be

postponed 10 days beyond the effective

date indicated here. In addition, the

effective date may be further postponed

at later stages in the OFA process. See

49 CFR 1152.27(e)(2) and (f). Finally, if

the line is sold under the OFA

procedures, the notice for abandonment

exemption will be dismissed and trail

use precluded. Alternatively, if a sale

under the OFA procedures does not

occur, trail use may proceed.

SCPRD also requested a 180-day

public use condition under 49 U.S.C.

10906 as an alternative to interim trail

use. When the need for both conditions

is established, it is Commission policy

to impose them concurrently, subject to

the execution of a trail use agreement.

See Trails, supra at 609. SCPRD’s

submission meets the requirements for a

public use condition prescribed at 49

CFR 1152.28(a)(2) by specifying: (a) The

condition sought; (b) the public

importance of the condition; (c) the time

period for which the condition would

be effective; and (d) justification for

imposition of the time period.

Accordingly, the requested 180-day

public use condition will also be

imposed. If a trail use agreement is

reached for a portion of the right-of-way,

BN must keep the remaining portion

intact for the remainder of the 180-day

period to permit public use

negotiations. A public use condition is

not imposed for the benefit of any one

potential purchaser, but rather to

provide an opportunity for any

interested person to acquire either the

whole or a portion of a right-of-way that

has been found suitable for public

purposes, including trail use.

BN 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

March 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 filed within 15 days

after the EA is available to the public.

Environmental, historic preservation,

or other trail use/rail banking conditions

will be imposed, where appropriate, in

a subsequent decision.

It is ordered:

1. The abandonment of the above

described line is subject to the

conditions: (1) That BN is prohibited

from disposing of the corridor, other

than the tracks, ties and signal

equipment, unless for public use on

reasonable terms; and (2) that BN keep

intact the right-of-way underlying the

track, including all of the trail related

structures including bridges, trestles,

culverts, and tunnels, for a period of 180

days from the effective date of this

exemption, to enable any State or local

government agency or other interested

persons to negotiate the acquisition of

the line for public use.

2. Subject to the conditions set forth

above, BN may discontinue service,

cancel tariffs for the line on not less

than 10 days’ notice to the Commission,

and salvage track and material

consistent with interim trail use/rail

banking after the effective date of this

notice of exemption and NITU. Tariff

cancellations must refer to this notice by

date and docket number.

3. If an interim trail use/rail banking

agreement is reached, it must require

the trail user to assume, for the term of

the agreement, full responsibility for

management of, for any liability arising

out of the transfer or use of (unless the

user is immune from liability, in which

case it need only indemnify BN from

any potential liability), and for the

payment of any and all taxes that may

be levied or assessed against the rightof-way.

4. Interim trail use/rail banking is

subject to the future restoration of rail

service and to the user’s continuing to

meet the financial obligations for the

right-of-way.

5. If interim trail use is implemented

and subsequently the user intends to

terminate trail use, it must send the

Commission a copy of this notice of

exemption and NITU and request that it

be vacated on a specified date.

6. If an agreement for interim trail

use/rail banking is reached by the 180th

day after service of this notice of

exemption and NITU, interim trail use

may be implemented. If no agreement is

reached by that time, BN may fully

abandon the line.

Decided: March 16, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–7052 Filed 3–21–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–6 (Sub-No. 362X]

Burlington Northern Railroad

Company—Abandonment Exemption—

in King County, WA

Burlington Northern Railroad

Company (BN) has filed a notice of

exemption under 49 CFR part 1152

Subpart F—Exempt Abandonments to

abandon its line of railroad between BN

milepost 12.37 and BN milepost 13.06,

a distance of approximately 0.69 miles,

in Renton, King County, WA.

BN 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 (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 adversely

affected by the abandonment shall be

protected under Oregon Short Line R.