[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28813]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 161X)]

 

Norfolk and Western Railway Company--Abandonment Exemption--
McDowell County, WV

    Norfolk and Western Railway Company (NW) has filed a verified 
notice under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon 
a 1.0-mile rail line between mileposts BZ-0.0 and BZ-1.0 at Buzzards 
Creek Junction, in McDowell County, WV.
    NW 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 over other 
lines;
    (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 complainant's favor within the last 2 years; and
    (4) the requirements at 49 CFR 1105.7 (environmental report), 49 
CFR 1105.8 (historic report), 49 CFR 1105.11 and 1152.50(d)(1) (notice 
to government agencies), and 49 CFR 1105.12 (newspaper publication) 
have been met.
    As a condition to 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 employees 
are adequately protected, a petition for partial revocation under 49 
U.S.C. 10505(d) must be filed.
    This exemption will be effective December 22, 1994 unless stayed or 
a statement of intent to file an offer of financial assistance (OFA) is 
filed. Petitions to stay that do not involve environmental 
issues,1 statements 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 December 2, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 12, 1994. An original and 10 copies of any such filing must 
be sent to the Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423. In addition, one copy must 
be served on James R. Paschall, Norfolk Southern Corporation, Three 
Commercial Place, Norfolk, VA 23510.
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    \1\The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
in its independent investigation) cannot be made before the 
exemption's effective date. See Exemption of Out-of-Service Rail 
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed 
as soon as possible so that the Commission may take appropriate 
action 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 late-filed trail use requests so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NW has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Commission's Section of Environmental Analysis (SEA) 
will issue an environmental assessment (EA) by November 25, 1994. A 
copy of the EA may be obtained by writing to SEA (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser 
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 9, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28813 Filed 11-21-94; 8:45 am]
BILLING CODE 7035-01-P