[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Notices]
[Page 42420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17241]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 202X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Mecklenburg County, NC

    Norfolk Southern Railway Company (NS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances to discontinue service over a 1.1-mile line of railroad 
under lease with the North Carolina Railroad Company (NCRC) between 
Station 11110+45 and Station 11158+29, in Charlotte, Mecklenburg 
County, NC. The line traverses United States Postal Service Zip Codes 
28209 and 28227.\1\
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    \1\ The lease was executed in 1895 by NCRR and Southern Railway 
Company (NS's predecessor). See Norfolk Southern Railway Company and 
Atlantic and East Carolina Railroad Company--Lease and Operation 
Exemption--North Carolina Railroad Company, Finance Docket No. 32820 
(ICC served Dec. 22, 1995).
    Through a transaction that was the subject of a notice of 
exemption, The City of Charlotte, North Carolina (City) proposed to 
acquire from the North Carolina Railroad Company a 1.1-mile line of 
railroad. The City simultaneously filed a motion to dismiss the 
notice of exemption. The City purchased the 1.1-mile line of 
railroad and the notice of exemption was dismissed for lack of 
jurisdiction. See City of Charlotte, North Carolina--Acquisition 
Exemption--Certain Assest of the North Carolina Railroad Company, 
STB Finance Docket No. 33529 (STB served Dec. 29, 1997, and Feb. 24, 
1998).
    A Board staff member consulted with NS's representative 
concerning the mileage stated in its verified notice. On June 23, 
2000, NS informed the Board that it is its view that the line 
conveyed to the City is the same line for which the discontinuance 
authority is being requested and that, recognizing the possibility 
that approximations might have been used in the past, track 
realignments might have changed the mileage, or that an outdated 
reference might have been used, while it cannot account for the 
length of the line stated in its notice, it does not object to 
describing the line as 1.1 miles in length, instead of 0.91-mile in 
length, as stated in its verified notice.
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    NS 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 over other lines; (3) no 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 August 9, 
2000,\2\ unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\3\ and formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ must be filed by 
July 20, 2000. Petitions to reopen must be filed by July 31, 2000, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, NW., Washington, DC 20423.
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    \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 historic 
documentation is required under 49 CFR 1105.6(b)(3) and (c)(5).
    \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\ 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 
23510-2191.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 29, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-17241 Filed 7-7-00; 8:45 am]
BILLING CODE 4915-00-P