Norfolk Southern Railway Company-Abandonment Exemption-in the City of Greensboro, N.C.

Citation84 FR 48383
Published date13 September 2019
Record Number2019-19863
SectionNotices
CourtSurface Transportation Board
Federal Register, Volume 84 Issue 178 (Friday, September 13, 2019)
[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
                [Notices]
                [Pages 48383-48384]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-19863]
                =======================================================================
                -----------------------------------------------------------------------
                SURFACE TRANSPORTATION BOARD
                [Docket No. AB 290 (Sub-No. 404X)]
                Norfolk Southern Railway Company--Abandonment Exemption--in the
                City of Greensboro, N.C.
                 Norfolk Southern Railway Company (NSR) has filed a verified notice
                of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to
                abandon an approximately 3.1-mile rail line in the City of Greensboro,
                N.C., extending between milepost CF-65.6 and milepost CF-68.7 (the
                Line). The Line traverses U.S. Postal Service Zip Codes 27401, 27406,
                and 27408.
                 NSR has certified that: (1) No local traffic has moved over the
                Line for at least two years; (2) no overhead traffic has moved over the
                Line for at least two years and overhead traffic, if there were any,
                could be rerouted over other lines; (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 Surface Transportation Board
                (Board) or any U.S. District Court or has been decided in favor of a
                complainant within the two-year period; and (4) the requirements at 49
                CFR 1105.12 (newspaper publication), 49 CFR 1152.50(d)(1) (notice to
                governmental agencies), and 49 CFR 1105.7 and 1105.8 (environmental and
                historic report), have been met.
                 As a condition to this exemption, any employee adversely affected
                by the abandonment shall be protected under Oregon Short Line
                Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
                Bingham & Bonneville Counties, Idaho, 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) \1\ has been received, this exemption will
                be effective on October 13, 2019, 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), and trail use/rail banking requests under 49 CFR 1152.29
                must be filed by September 23, 2019.\3\ Petitions to reopen or requests
                for public use conditions under 49 CFR 1152.28 must be filed by October
                3, 2019, with the Surface Transportation Board, 395 E Street SW,
                Washington, DC 20423-0001.
                ---------------------------------------------------------------------------
                 \1\ Persons interested in submitting an OFA must first file a
                formal expression of intent to file an offer, indicating the type of
                financial assistance they wish to provide (i.e., subsidy or
                purchase) and demonstrating that they are preliminarily financially
                responsible. See 49 CFR 1152.27(c)(2)(i).
                 \2\ The Board will grant a stay if an informed decision on
                environmental issues (whether raised by a party or by the Board's
                Office of Environmental Analysis (OEA) in its independent
                investigation) cannot be made before the exemption's effective date.
                See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
                request for a stay should be filed as soon as possible so that the
                Board may take appropriate action before the exemption's effective
                date.
                 \3\ Filing fees for OFAs and trail use requests can be found at
                49 CFR 1002.2(f)(25) and (27), respectively.
                ---------------------------------------------------------------------------
                 A copy of any petition filed with the Board should be sent to NSR's
                representatives, William A. Mullins and Crystal M. Zorbaugh, Baker &
                Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC
                20037.
                 If the verified notice contains false or misleading information,
                the exemption is void ab initio.
                 NSR has filed a combined environmental and historic report that
                addresses the potential effects of the abandonment on the environment
                and historic resources. OEA will issue an environmental assessment (EA)
                by September 20, 2019. The EA will be available to interested persons
                on the Board's website, by writing to OEA, or by calling OEA at (202)
                245-0305. Assistance for the hearing impaired is available through the
                Federal Relay Service at (800) 877-8339. 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
                [[Page 48384]]
                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 a notice of
                consummation by September 13, 2020, and there are no legal or
                regulatory barriers to consummation, the authority to abandon will
                automatically expire.
                 Board decisions and notices are available at www.stb.gov.
                 Decided: September 10, 2019.
                 By the Board, Allison C. Davis, Director, Office of Proceedings.
                Tammy Lowery,
                Clearance Clerk.
                [FR Doc. 2019-19863 Filed 9-12-19; 8:45 am]
                 BILLING CODE 4915-01-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT