[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17806-17807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8591]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 163X)]
Central of Georgia Railway Company--Abandonment Exemption--in
Atlanta, GA
Central of Georgia Railway Company (Central) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon a 0.3-mile portion of its line of railroad between milepost S-
294.14 and milepost S-294.44, in Atlanta, GA.
Central has 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 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 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.
[[Page 17807]]
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on May 7, 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 April 17, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 27, 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 involving 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 prior to 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.
Central has filed an environmental report which addresses the
effects of the abandonment, if any, on the environment and historic
resources. The Commission's Section of Environmental Analysis (SEA)
will issue an environmental assessment (EA) by April 12, 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: March 29, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-8591 Filed 4-6-95; 8:45 am]
BILLING CODE 7035-01-P
