[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,<SUP>1 
formal expressions of intent to file offers of financial assistance 
under 49 CFR 1152.27(c)(2),<SUP>2 and trail use/rail banking statements 
under 49 CFR 1152.29 must be filed by April 24, 1995.<SUP>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