[Federal Register: September 24, 2003 (Volume 68, Number 185)]
[Notices]
[Page 55297-55298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se03-28]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 222X)]
Norfolk Southern Railway Company--Abandonment Exemption--in
Mercer County, WV, and Tazewell County, VA
Norfolk Southern Railway Company (NSR) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a
1.9-mile line of railroad between milepost PO-0.0 at Bluestone, Mercer
County, WV, and milepost PO-1.90 at Pocahontas, Tazewell County, VA.\1\
The line traverses United States Postal Service Zip Codes 24740 and
24635.
---------------------------------------------------------------------------
\1\ Authority to discontinue operations over this line was
granted in Norfolk and Western Railway Company--Discontinuance
Exemption--In Mercer County, WV, and Tazewell County, VA, Docket No.
AB-290 (Sub-No. 107X) (ICC served May 10, 1990).
---------------------------------------------------------------------------
NSR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic can 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 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 1105.7
(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 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 October
24, 2003, unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues,\2\
[[Page 55298]]
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR
1152.29 must be filed by October 6, 2003. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by October 14, 2003, with: Surface Transportation Board, 1925 K Street,
NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------
\2\ 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 filed as soon as possible so that
the Board may take appropriate action before the exemption's
effective date.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: James R. Paschall, Norfolk Southern
Corporation, Three Commercial Place, Norfolk, VA 23510-9241.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NSR has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. SEA will issue an environmental assessment (EA) by September
29, 2003. 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) 565-1539. Assistance for the hearing
impaired is available through the Federal Information Relay Service
(FIRS) at 1-800-877-8339. 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 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 October 24, 2004 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 http://www.stb.dot.gov
.
Decided: September 12, 2003.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-23855 Filed 9-23-03; 8:45 am]
BILLING CODE 4915-00-P