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exemptions has since been superseded by the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.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Notices 15161

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 on

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 before

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.

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 St., Fort Worth, TX 76102–5384.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

BN has filed an environmental report

which addresses the abandonment’s

effects, if any, on the environmental 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 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: March 16, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–7054 Filed 3–21–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32433]

Chicago & North Western Railway

Co.—Construction Exemption—

Douglas County, Wisconsin

The Chicago & North Western Railway

Co. (CNW) has petitioned the Interstate

Commerce Commission (Commission)

for authority to construct and operate a

2,900-foot rail line extension which

would provide CNW with access to the

Midwest Energy Resources Company

coal dock facility in Superior,

Wisconsin. The Commission’s Section

of Environmental Analysis (SEA) has

prepared an Environmental Assessment

(EA) for this project. Based on the

information provided and the

environmental analysis conducted to

date, this EA concludes that this

proposal should not significantly affect

the quality of the human environment if

the recommended mitigation measures

set forth in the EA are implemented.

Accordingly, SEA preliminarily

recommends that the Commission

impose on any decision approving the

proposed construction and operation

conditions requiring CNW to implement

the mitigation contained in the EA.

The EA will be served on all parties

of record as well as all appropriate

Federal, state and local officials and will

be made available to the public upon

request. SEA will consider all comments

received in response to the EA in

making final environmental

recommendations to the Commission.

The Commission will then consider

SEA’s final recommendations and the

environmental record in making its final

decision in this proceeding.

Comments (an original and 10 copies)

and any questions regarding this

Environmental Assessment should be

filed with the Commission’s Section of

Environmental Analysis, Office of

Economic and Environmental Analysis,

Room 3219, Interstate Commerce

Commission, Washington, DC 20423, to

the attention of Dana White (202) 927–

6214. Requests for copies of the EA

should also be directed to Ms. White.

Date made available to the public:

March 22, 1995.

Comment due date: April 21, 1995.

By the Commission, Elaine K. Kaiser,

Chief, Section of Environmental Analysis,

Office of Economic and Environmental

Analysis.

Vernon A. Williams,

Secretary.

[FR Doc. 95–6898 Filed 3–21–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1626ROD–94]

Record of Decision for the Program of

Protecting the Southwest Border

Through the Interdiction of Illegal

Drugs With the Support of Joint Task

Force Six

AGENCY: The Immigration and

Naturalization Service, Department of

Justice (lead); Joint Task Force Six,

Department of Defense (cooperating);

and Environmental Protection Agency

(cooperating).

ACTION: Notice of availability of the

record of decision.

SUMMARY: This Notice is to announce

that the Record of Decision (ROD) for

the continuation of the Joint Task Force

Six (JTF–6) activities along the United

States (U.S.)/Mexico border, jointly

signed by JTF–6 and the Immigration

and Naturalization Service (INS), is

available.

The JTF–6 program involves

providing operational, engineering, and

general support to law enforcement

agencies (LEAs) that have drug

interdiction responsibilities within the

southwestern border states. The JTF–6’s

primary area of concern is within a 50-

mile-wide corridor along the U.S./

Mexico border from Port Arthur, Texas,

to San Diego, California.

ADDRESSES: Copies of the ROD are

available upon written request to either

of the following addresses:

1. U.S. Army Corps of Engineers, Fort

Worth District, CESWF–PL–RE,

P.O. Box 17300, 819 Taylor Street,

Fort Worth, Texas 76102–0300.

2. Immigration and Naturalization

Service, 425 I Street NW, Facilities

Branch (Room 2003), Washington,

DC 20536.

SUPPLEMENTARY INFORMATION:

Statutory Authority

This Notice of Availability (NOA) is

being issued in accordance with the

National Environmental Policy Act

(NEPA), Public Law 91–190, and

Regulations for Implementing the

Procedural Provisions of NEPA, 40 CFR

1500–1508.