[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28521]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 159X)]

 

Norfolk and Western Railway Company--Abandonment Exemption--in 
Campbell County, VA

    Norfolk and Western Railway Company (N&W) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 0.66 miles of rail line between stations 45+50 and 80+41 
at Lynchburg, in Campbell County, VA.
    N&W 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 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 1105.12 
(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 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 revoca-tion under 49 U.S.C. 10505(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance has been received, this exemption will be 
effective on December 18, 1994 (unless stayed pending reconsideration). 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file offers of financial assistance under 49 
CFR 1152.27(c)(2),\2\ and trail use/rail banking statements under 49 
CFR 1152.29 must be filed by November 28, 1994.\3\ Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by December 8, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \1\A stay will be issued routinely 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 
grounds is encouraged to file promptly so that the Commission may 
act on the request before the effective date.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\The Commission will accept late-filed trail use statements so 
long as it retains jurisdiction.
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    A copy of any petition 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, use of the exemption is void ab initio.
    N&W has 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 from SEA by writing to it at (Room 3219, 
Interstate Commerce Commission, Washington, DC 20423) or by calling 
Elaine Kaiser, Chief, 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 10, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28521 Filed 11-17-94; 8:45 am]
BILLING CODE 7035-01-P