[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 415-416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-157]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 179X)]


Norfolk and Western Railway Company--Abandonment Exemption--in 
Lynchburg, 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 0.4 miles of its line of railroad between milepost N-
207.3 to milepost N-207.7 at Lynchburg, VA.
    N&W has certified that: (1) No local or overhead traffic has moved 
over the line for at least 2 years; (2) all overhead traffic if there 
were any, could 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 report), 49 CFR 1105.8 (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 February 5, 1996, 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 January 16, 1996. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by January 25, 1996, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, 1201 Constitution Ave., NW., 
Washington, DC 20423.4

    \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.
    \4\ Legislation to sunset the Commission on December 31, 1995, 
and transfer remaining functions is currently under consideration. 
Until further notice, parties submitting pleadings should continue 
to use the current name and address.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: James R. Paschall, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510.
    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 

[[Page 416]]
assessment (EA) by January 10, 1996. 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 28, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-157 Filed 1-4-96; 8:45 am]
BILLING CODE 7035-01-P