Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Notices 19083

1Although C&NW refers to the line as an

industrial spur which is not ordinarily subject to

the Commission’s abandonment jurisdiction, 49

U.S.C. 10907(b)(1), it notes that the line was

formerly part of a longer C&NW mainline.

2A 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 before

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.

3See Exempt. of Rail Abandonment—Offers of

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

4The Commission will accept a late-filed trail use

request as long as it retains jurisdiction to do so.

1A stay will be issued routinely 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 grounds is encouraged to file

promptly so that the Commission may act on the

request before the effective date.

2See Exempt. of Rail Abandonment—Offers of

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

3The Commission will accept late-filed trail use

statements so long as it retains jurisdiction.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

[FR Doc. 95–9224 Filed 4–13–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–1 (Sub-No. 261X)]

Chicago and North Western Railway

Company—Abandonment Exemption—

Mankato, Minnesota, Spur

Chicago and North Western Railway

Company (C&NW) has filed a notice of

exemption under 49 CFR 1152 Subpart

F—Exempt Abandonments to abandon a

1.7-mile line of railroad between

milepost 1.2 and milepost 2.9 in

Mankato, Blue Earth County, MN.1

C&NW proposes to consummate the

abandonment on May 17, 1995.

C&NW has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) all overhead traffic has

been rerouted; (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 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.

Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on May 17,

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 requests under 49

CFR 1152.29 4 must be filed by April 27,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by May 8, 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: Robert T.

Opal, 165 North Canal Street, Chicago,

IL 60606–1551.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

C&NW 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 April 21, 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 trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Decided: April 7, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–9225 Filed 4–13–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–290 (Sub-No. 167X)]

Norfolk Southern Railway Company—

Abandonment Exemption—Between

Hester, Vidalia and Kirby, GA

Norfolk Southern Railway Company

(NS) has filed a notice of exemption

under 49 CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 43.6 miles of rail line

between milepost GF–125 at Hester and

milepost GF–149.6 at Vidalia and

between milepost GF–152 at Vidalia and

milepost GF–171 at Kirby, in Jeff Davis,

Montgomery, Toombs, and Emanuel

Counties, GA.

NS has certified that: (1) no local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic on

the line can be rerouted; (3) no formal

complaint filed by a user of rail service

on the line (or 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

1105.12 (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 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 has been received, this

exemption will be effective on May 13,

1995 (unless stayed pending

reconsideration). Petitions to stay that

do not involve environmental issues,1

formal expressions of intent to file offers

of financial assistance under 49 CFR

1152.27(c)(2),2 and trail use/rail banking

statements under 49 CFR 1152.29 must

be filed by April 24, 1995.3 Petitions to

reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by May 3, 1995, with: Office of

the Secretary, Case Control Branch,

Interstate Commerce Commission,

Washington, DC 20423.

A copy of any petition filed with the

Commission should be sent to

applicant’s representative: James R.

Paschall, Norfolk Southern Corporation,