[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11210]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 140X)]

 

Norfolk and Western Railway Company--Abandonment Exemption--in 
Charles Town, WV

[Docket No. AB-55 (Sub-No. 482X)]

CSX Transportation, Inc.--Abandonment Exemption--in Charles Town, 
WV

    Norfolk and Western Railway Company (NW) and CSX Transportation, 
Inc. (CSXT) have filed a notice of exemption under 49 CFR 1152 Subpart 
F--Exempt Abandonments to abandon their jointly-owned 0.99-mile line of 
railroad between mileposts 0.00 and 0.99 at Charles Town (Ranson), in 
Jefferson County, WV.1
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    \1\Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Commission at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicants, 
in their verified notice, indicated a proposed consummation date of 
June 1, 1994. Because the verified notice was not filed until April 
20, 1994, consummation should not have been proposed to take place 
prior to June 9, 1994. Applicants' representative has confirmed that 
the correct consummation date is on or after June 9, 1994.
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    NW and CSXT have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) no overhead traffic has moved 
over 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 report), 49 CFR 1105.8 
(historic report), 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 June 9, 1994, 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 
1152.294 must be filed by May 20, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 31, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \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 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.
    \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.
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    A copy of any petition filed with the Commission should be sent to 
applicants' representatives: James R. Paschall, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510; and Charles M. 
Rosenberger, CSX Transportation, Inc., 500 Water St. J150, 
Jacksonville, FL 32202.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    NW and CSXT have 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 May 13, 1994. 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 29, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-11210 Filed 5-9-94; 8:45 am]
BILLING CODE 7035-01-P