Federal Register, Volume 62 Issue 115 (Monday, June 16, 1997)

[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Pages 32677-32678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15712]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 189X)]


Norfolk and Western Railway Company--Abandonment Exemption--in 
McDowell County, WV

    Norfolk and Western Railway Company (NW) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.0-mile line of railroad between milepost NF-0.0 at Norfolk, and 
milepost NF-1.0 at Buzzards Creek Junction, WV. The line traverses 
United States Postal Service Zip Code 24868.
    NW has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic moving over the 
line; (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

[[Page 32678]]

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 July 16, 1997, 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 ³ must be filed by June 26, 1997. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by July 7, 1997, with: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 
20423.
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    \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 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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
    \3\ The Board will accept late-filed trail use requests as 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, General Attorney, 
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 June 20, 1997. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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), NW 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 NW's filing of a notice of consummation by June 
16, 1998, and there are no legal or regulatory barriers to 
consummation, the authority to abandon will automatically expire.

    Decided: June 9, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-15712 Filed 6-13-97; 8:45 am]
BILLING CODE 4915-00-P