```
[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19957-19958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9917]

-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-1 (Sub-No. 262X]

Chicago and North Western Railway Co.--Abandonment Exemption--
Albert Lea Spur, in Freeborn County, MN

    Chicago and North Western Railway Company (C&NW) has filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon its line of railroad, known as the Albert Lea Spur, in Freeborn 
County, MN. The line extends from milepost 119.3 to milepost 120.5, 
near Albert Lea, a distance of approximately 1.2 miles.1

    \1\C&NW states that the involved line segment is an unused 
industrial spur and that the track was formerly part of a longer 
C&NW line. It cites The Atchison, Topeka and Santa Fe Railway 
Company--Abandonment Exemption--In Lyon County, KS, Docket No. AB-52 
(Sub-No. 71X) (ICC served June 17, 1991) for the proposition that 
Commission approval is required for abandonment of the track because 
of its prior main line status.
---------------------------------------------------------------------------

    C&NW has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic previously routed 
over this line has recently been rerouted to alternate 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 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 21, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,2 
[[Page 19958]] 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 
1152.294 must be filed by May 1, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 11, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, 1201 Constitution Avenue, NW, 
Washington, DC 20423.

    \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 this 
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.
---------------------------------------------------------------------------

    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Stuart F. Gassner, 165 North Canal St., 
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 environmental and historic resources. 
The Section of Environmental Analysis (SEA) will issue an environmental 
assessment (EA) by April 26, 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: April 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-9917 Filed 4-20-95; 8:45 am]
BILLING CODE 7035-01-P
```