[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Pages 9858-9859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4302]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-290 (Sub-No. 166X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Aiken, Lexington, and Orangeburg Counties, SC

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
segment of its rail line totalling 28.0 miles between milepost C-124.0, 
near Edmund, and milepost C-152.0, near Springfield, in Aiken, 
Lexington, and Orangeburg Counties, SC.
    NS has certified that: (1) No local traffic has not moved over the 
line for at least 2 years; (2) no overhead traffic has not moved for at 
least 2 years; (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 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 March 24, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,<SUP>1 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>2 and trail use/rail banking statements under 
[[Page 9859]] 49 CFR 1152.29<SUP>3 must be filed by March 6, 1995. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by March 14, 1995, with: Office of the Secretary, 
Case Control Branch, Interstate Commerce Commission, Washington, DC 
20423.

    \1\ A stay will be routinely issued 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 based on environmental concerns should file 
its request as soon as possible in order to permit the Commission to 
review and act on the request before the exemption's effective date.
    \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 statements 
so long as it retains jurisdiction.
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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.
    NS 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 February 27, 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: February 10, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-4302 Filed 2-21-95; 8:45 am]
BILLING CODE 7035-01-P