[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28020]
[[Page Unknown]]
[Federal Register: November 14, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 156X)]
Norfolk and Western Railway Company--Discontinuance of Operations
Exemption--Between Koehler and Fieldale, VA; Norfolk Southern Railway
Company--Abandonment Exemption--Between Koehler and Fieldale, VA
Norfolk and Western Railway Company (NW) and Norfolk Southern
Railway Company (NS)1 have filed a notice of exemption under 49
CFR 1152 Subpart F--Exempt Abandonments for NW to discontinue
operations over and NS to abandon approximately 1.4 miles of rail line
between milepost 47.2-DW at Koehler and milepost 48.6-DW at Fieldale,
in Henry County, VA.
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\1\On December 31, 1990, NW became a wholly owned subsidiary of
NS. NS (formerly Southern Railway Company) is a wholly owned
subsidiary of Norfolk Southern Corporation, a noncarrier.
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Applicants have certified that: (1) no local traffic has moved over
the line for at least 2 years; (2) there is no overhead traffic on the
line; (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 affected by
the abandonment or discontinuance will 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 14, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking statements under 49 CFR
1152.29 must be filed by November 24, 1994.4 Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by December 5, 1994, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
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\2\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.
\3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\The Commission will accept late-filed trail use statements 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
applicants' 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.
Applicants have filed an environmental report which addresses the
abandonment's effects, if any, on the environmental or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by November 18, 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 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 3, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-28020 Filed 11-10-94; 8:45 am]
BILLING CODE 7035-01-P
