[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Pages 19083-19084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9226]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 167X)]
Norfolk Southern Railway Company--Abandonment Exemption--Between
Hester, Vidalia and Kirby, GA
Norfolk Southern Railway Company (NS) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 43.6 miles of rail line between milepost GF-125 at Hester
and milepost GF-149.6 at Vidalia and between milepost GF-152 at Vidalia
and milepost GF-171 at Kirby, in Jeff Davis, Montgomery, Toombs, and
Emanuel Counties, GA.
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; (3) 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 (4)
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 1105.12 (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 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 has been received, this exemption will be
effective on May 13, 1995 (unless stayed pending reconsideration).
Petitions to stay that do not involve environmental issues,1
formal expressions of intent to file offers of financial assistance
under 49 CFR 1152.27(c)(2),2 and trail use/rail banking statements
under 49 CFR 1152.29 must be filed by April 24, 1995.3 Petitions
to reopen or requests for public use conditions under 49 CFR 1152.28
must be filed by May 3, 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 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
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 late-filed trail use statements so
long as it retains jurisdiction.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: James R. Paschall, Norfolk Southern
Corporation, [[Page 19084]] Three Commercial Place, Norfolk, VA 23510.
If the notice of exemption contains false or misleading
information, use of the exemption is void ab initio.
NS has filed an environmental report which addresses the
abandonment's effects, if any, on the environment or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by April 18, 1995. Interested persons may
obtain a copy of the EA from SEA by writing to it at (Room 3219,
Interstate Commerce Commission, Washington, DC 20423) or by calling
Elaine Kaiser, Chief, 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: April 6, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-9226 Filed 4-13-95; 8:45 am]
BILLING CODE 7035-01-P
