[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18178]


[[Page Unknown]]

[Federal Register: July 26, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-290 (Sub-No. 145X)]

Norfolk Southern Railway Company--Abandonment

 

Exemption--in Muscogee County, GA

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 7.4 miles of rail line from milepost 90.0 at Meyer to 
milepost 97.4 at Columbus, in Muscogee County, GA.
    NS has certified that: (1) no local or overhead traffic has moved 
over the line for at least 2 years; (2) 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 (3) 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) (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 August 25, 1994, 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 August 5, 1994. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 15, 1994, with: 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.
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    \1\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 to permit the Commission to 
review and act on the request before the exemption's effective date.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\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 pleading filed with the Commission should be sent to 
applicant's representative: James R. Paschall, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510-2191.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    NS 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 July 29, 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: July 20, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-18178 Filed 7-25-94; 8:45 am]
BILLING CODE 7035-01-P