[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23759]
[[Page Unknown]]
[Federal Register: September 26, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 146X)]
Norfolk and Western Railway Company--Abandonment Exemption--In
Raleigh County, WV
Norfolk and Western Railway Company (NW) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon its 4.3-mile line of railroad extending between milepost WG-
29.3, at Whitby, and milepost WG-33.6, at Willabet, in Raleigh County,
WV.
NW has certified that: (1) No local or overhead traffic has moved
over the line for at least 2 years; (2) 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 (3) the requirements at 49 CFR 1105.7
(environmental reports), 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.1
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\1\ Under 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Commission at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant,
in its verified notice, indicated a proposed consummation date of
October 24, 1994. Because the verified notice was not filed until
September 6, 1994, consummation should not have been proposed to
take place prior to October 26, 1994. Applicant's representative has
confirmed that the correct consummation date is on or after October
26, 1994.
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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 26, 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 requests under 49 CFR
1152.294 must be filed by October 6, 1994. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by October 17, 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 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, 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.
NW 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 assessment (EA) by September 30, 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 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 13, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23759 Filed 9-23-04; 8:45am]
BILLING CODE 7035-01-P
