[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-106]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 297X)]
Norfolk Southern Railway Company--Discontinuance of Service
Exemption--in Chester County, PA
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service to discontinue service over a 7.70 mile line
of railroad between milepost PX 3.10 and milepost PX 10.80 in
Phoenixville, Chester County, PA. The line traverses United States
Postal Service Zip Codes 19453 and 19460, and includes the stations of
Phoenixville, Pickering, and Devault.
NSR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) that all overhead traffic, if any, has
been 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 Board or with 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 1105.12 (newspaper publication), and
49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to these exemptions, any employee adversely affected
by the discontinuance of service 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 December 7, 2007, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues and formal
expressions of intent to file an OFA for continued rail service under
49 CFR 1152.27(c)(2),\1\ must be filed by November 19, 2007.\2\
Petitions to reopen must be filed by November 27, 2007, with: Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------
\1\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
\2\ Because this is a discontinuance proceeding and not an
abandonment, trail use/rail banking and public use conditions are
not appropriate. Likewise, no environmental or historical
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b),
respectively.
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to NSR's
representative: James R. Paschall, Senior General Attorney, Norfolk
Southern Railway Company, Three Commercial Place, Norfolk, VA 23510.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Board decisions and notices are available on our Web site at:
http://www.stb.dot.gov.
Decided: October 30, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-21832 Filed 11-6-07; 8:45 am]
BILLING CODE 4915-01-P