[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15336-15337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8465]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-290 (Sub-No. 181X)]


Norfolk and Western Railway Company--Abandonment Exemption--in 
Pike County, KY

    Norfolk and Western Railway Company (NW) filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
1.25 miles of its line of\11\ railroad between milepost MN-0.95 at 
Nampa and milepost MN-2.20 at Pounding Mill, in Pike County, KY.2

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to the 
Board's jurisdiction pursuant to 49 U.S.C. 10903.
    \2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant in 
its verified notice, indicated a proposed consummation date of May 
3, 1996. Because the verified notice was not filed until March 18, 
1996, however, consummation should have not been proposed to take 
place prior to May 7, 1996. Applicant's representative has been 
contacted and has confirmed that the correct consummation date is 
May 7, 1996.
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    NW 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 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 1105.7 (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 use of 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 May 5, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by April 15, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 25, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.

    \3\ 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 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C. 2d 164 (1987).
    \5\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    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.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NW has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by April 10, 1996. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine 
Kaiser, Chief of SEA, at (202) 927-6248. Comments on environmental and 
historic preservation matters must be filed

[[Page 15337]]
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: March 28, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8465 Filed 4-4-96; 8:45 am]
BILLING CODE 4915-00-P