[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26869]


[[Page Unknown]]

[Federal Register: October 31, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-290 (Sub-No. 153X)]

 

Norfolk Southern Railway Company--Abandonment Exemption--in 
Maryville, TN

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
0.65-mile portion of its line of railroad between mileposts 15.84-KA 
and 16.49-KA, in Maryville, TN.
    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 of 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 November 
30, 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 1152.293 must be filed by November 
10, 1994. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by November 21, 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 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.
    \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 petition filed with the Commission should be sent to 
applicant's representative: James R. Paschall, Three Commercial Place, 
Norfolk, VA 23510.
    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 November 4, 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: October 21, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-26869 Filed 10-28-94; 8:45 am]
BILLING CODE 7035-01-P