Railroad services abandonment: Norfolk Southern Railway Co.,

[Federal Register: December 13, 2001 (Volume 66, Number 240)]

[Notices]

[Page 64493]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13de01-76]

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 216X)]

Norfolk Southern Railway Company--Abandonment Exemption--in Buchanan County, VA

Norfolk Southern Railway Company (NSR) has fileda verified notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 2.95-mile line of railroad between milepost SP-0.0, at Dwight, and milepost SP-2.95, at Spruce Pine, in Buchanan County, VA (line). The line traverses United States Postal Service Zip Code 24066.

Applicant has certified that: (1) No local or overhead traffic has moved over the line for at least 2 years; (2) any overhead traffic, if there is any, can be rerouted over other lines; (3) no formal complaint filedby a user of rail service on the line (or by a state or local government agency acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or any U.S. District Court or has been decided in favor of 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 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. 10502(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 January 12, 2002, 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 1152.29 must be filedby December 24, 2001. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filedby January 2, 2002, with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001.

\1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filedas soon as possible so that the Board may take appropriate action before the exemption's effective date.

\2\ Each offer of financial assistance must be accompanied by the filing fee, which currently is set at $1000. See 49 CFR 1002.2(f)(25).

A copy of any petition filedwith the Board should be sent to applicant's representative: James R. Paschall, Esq., Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemption is void ab initio.

Applicant has fileda separate environmental report which addresses the abandonment's effects, if any, on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 18, 2001. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at (202) 565-1552. Comments on environmental and historic preservation matters must be filedwithin 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.

Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR's filing of a notice of consummation by December 13, 2002, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available on our Website at www.stb.dot.gov.

Decided: December 3, 2001.

By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary.

[FR Doc. 01-30448Filed12-12-01; 8:45 am]

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