[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Page 1996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1055]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-43 (Sub-No. 161X)]
Illinois Central Railroad Company; Abandonment Exemption; in Cook
County, IL
Illinois Central Railroad Company (IC) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon its 0.4-mile line of railroad between milepost CI-7.8 and
milepost CI-8.2 in McCook, in Cook County, IL.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions and proceedings
to the Surface Transportation Board (Board). Section 204(b)(1) of
the Act provides, in general, that proceedings pending before the
ICC on the effective date of that legislation shall be decided under
the law in effect prior to January 1, 1996, insofar as they involve
functions retained by the Act. This notice relates to a proceeding
that was pending with the ICC prior to January 1, 1996, and to
functions that are subject to Board jurisdiction pursuant to 49
U.S.C. 10903. Therefore, this notice applies the law in effect prior
to the Act, and citations are to the former sections of the statute,
unless otherwise indicated.
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IC 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
Board 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) [now 10502(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 February 23, 1996, 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 February 5, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by February 13, 1996. An original and 10 copies of any such
filing must be sent to the Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Ave., N.W.,
Washington, DC 20423. In addition, one copy must be served on Myles L.
Tobin, Associate General Counsel, Illinois Central Railroad Company,
455 North Cityfront Plaza Drive, 20th Floor, Chicago, IL 60611.
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for
a stay should be filed as soon as possible so that the Board may
take appropriate action before the exemption's effective date.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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If the verified notice contains false or misleading information,
the exemption is void ab initio.
IC has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Board's Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by January 29, 1996. A copy of
the EA may be obtained by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine Kaiser
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: January 18, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1055 Filed 1-23-96; 8:45 am]
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