[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Pages 17367-17368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8315]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-290 (Sub-No. 169X)]


Norfolk and Western Railway Company--Abandonment Exemption--
Between Ferguson Junction and Glen Echo, MO

    Norfolk and Western Railway Company (NW) has filed a notice of 
exemption under 49 CFR Part 1152 subpart F--Exempt Abandonments to 
abandon its 2.56-mile line of railroad between milepost UD-9.94 at Glen 
Echo and milepost UD-12.50 at Ferguson Junction in St. Louis County, 
MO.
    NW 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 (service of environmental report on agencies), 49 CFR 
1105.8 (service of historic report on State Historic Preservation 
Officer), 49 CFR 1105.11 (transmittal letter), 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 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 May 5, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,<SUP>1 
[[Page 17368]] formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>2 and trail use/rail banking requests under 49 CFR 
1152.29<SUP>3 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 25, 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 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.
    \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, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    Applicant 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 April 10, 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 becomes 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions<SUP>4 will be imposed, where appropriate, in a 
subsequent decision.


    \4\The Gateway Trailnet, Inc. seeks issuance of a notice of 
interim trail use/railbanking (NITU) under 16 U.S.C. 1247(d) and a 
180-day public use condition under 49 U.S.C. 10906. A copy of the 
request does not appear to have been served on NW as required at 49 
CFR 1104.12(a). Gateway is directed to serve a copy of the request 
on NW. Accordingly, the requests will be handled in a subsequent 
decision.
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    Decided: March 29, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-8315 Filed 4-4-95; 8:45 am]
BILLING CODE 7035-01-P