[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Notices]
[Page 46858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22465]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 173X)]


Norfolk Southern Railway Company--Abandonment Exemption--at 
Maryville, TN

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its line of railroad at Maryville, Blount County, TN as follows: (1) 
between milepost 15.84-KA and milepost 16.05-KA, and (2) between 
milepost 0.09-KC and milepost 0.82-KC, a total distance of 0.94 miles.
    NS 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 favor of the complainant within the 2-year 
period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 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 October 8, 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 
1152.29 3 must be filed by September 18, 1995. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by September 28, 1995, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 20423.

    \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 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.
    \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 pleading filed with the Commission should be sent to 
applicant's representative: James R. Paschall, Three Commercial Place, 
Norfolk, VA 23510.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    NS has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by September 13, 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: September 5, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-22465 Filed 9-7-95; 8:45 am]
BILLING CODE 7035-01-P