[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32077]


[[Page Unknown]]

[Federal Register: December 30, 1994]


-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 Sub-No. 162X]

 

Norfolk and Western Railway Company--Abandonment Exemption--
Between Anawalt and Jenkinjones, WV

    Norfolk and Western Railway Company (N&W) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon approximately 4.5 miles of rail line between milepost NT-7.3 at 
Anawalt and milepost NT-21.8 at Jenkinjones, in McDowell County, WV.
    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 1105.11 
(transmittal letter), 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 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 February 2, 1995, 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 January 13, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by January 23, 1995, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.
---------------------------------------------------------------------------

    \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 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 
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 a late-filed trail use request as 
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------

    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, the exemption is void ab initio.
    N&W 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 January 6, 1995. 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: December 22, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-32077 Filed 12-29-94; 8:45 am]
BILLING CODE 7035-01-P