[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: 94-28522]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-385 (Sub-No. 1X)]

 

Georgia Southwestern Division, South Carolina Central Railroad 
Co.--Abandonment Exemption--in Dodge and Wilcox Counties, GA

    Georgia Southwestern Division, South Carolina Central Railroad Co. 
(Georgia Southwestern) has filed a notice of exemption under 49 CFR 
1152 Subpart F--Exempt Abandonments to abandon 18 miles of its rail 
line, extending from milepost SL629 at Rhine to milepost SL647 near 
Rochelle, in Dodge and Wilcox Counties, GA.
    Georgia Southwestern has certified that: (1) no local traffic has 
moved over the line for at least 2 years; (2) any overhead traffic on 
the line can be rerouted; (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 1105.08 (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 December 18, 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 November 28, 1994. 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, 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: Michael W. Blaszak, 211 South Leitch 
Avenue, LaGrange, IL 60525-2162.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Georgia Southwestern 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 23, 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: November 10, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28522 Filed 11-17-94; 8:45 am]
BILLING CODE 7035-01-P