[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Page 52119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24850]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 207X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Hamilton County, OH

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a 
0.3-mile line of railroad between milepost LM-120.8 and milepost LM-
121.1 at Cincinnati, in Hamilton County, OH. The line traverses United 
States Postal Service Zip Code 45202.
    NS has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there has been no overhead traffic on the 
line during the past 2 years and any overhead traffic 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 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 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 October 
27, 1999, 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 must be filed by October 
7, 1999. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by October 18, 1999, 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 $1000. See 49 CFR 
1002.2(f)(25).
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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.
    NS 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 October 1, 1999. 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), NS 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 NS's filing of a notice of consummation by 
September 27, 2000, 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 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: September 20, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-24850 Filed 9-24-99; 8:45 am]
BILLING CODE 4915-00-P