[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28020]


[[Page Unknown]]

[Federal Register: November 14, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 156X)]

 

Norfolk and Western Railway Company--Discontinuance of Operations 
Exemption--Between Koehler and Fieldale, VA; Norfolk Southern Railway 
Company--Abandonment Exemption--Between Koehler and Fieldale, VA

    Norfolk and Western Railway Company (NW) and Norfolk Southern 
Railway Company (NS)1 have filed a notice of exemption under 49 
CFR 1152 Subpart F--Exempt Abandonments for NW to discontinue 
operations over and NS to abandon approximately 1.4 miles of rail line 
between milepost 47.2-DW at Koehler and milepost 48.6-DW at Fieldale, 
in Henry County, VA.
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    \1\On December 31, 1990, NW became a wholly owned subsidiary of 
NS. NS (formerly Southern Railway Company) is a wholly owned 
subsidiary of Norfolk Southern Corporation, a noncarrier.
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    Applicants have 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 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 affected by 
the abandonment or discontinuance will 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 December 14, 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 statements under 49 CFR 
1152.29 must be filed by November 24, 1994.4 Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by December 5, 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 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 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 late-filed trail use statements 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' 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.
    Applicants have filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by November 18, 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 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: November 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28020 Filed 11-10-94; 8:45 am]
BILLING CODE 7035-01-P