[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Notices]
[Pages 64070-64071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30608]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 230X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Raleigh County, WV

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.5-mile line of railroad between milepost AM-0.0 at Amigo and milepost 
AM-1.5 at Devils Fork, in Raleigh County, WV.\1\ The line traverses 
United States Postal Service Zip Code 25911.
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    \1\ NSR notes that authority to discontinue operations on the 
line was granted by the former Interstate Commerce Commission. See 
Norfolk and Western Railway Company--Discontinuance Exemption--in 
Wyoming County, WV, Docket No. AB-290 (Sub-No. 88X) (ICC served June 
18, 1990). The June 18, 1990 notice described the 1.5-mile 
discontinuance of the line as being located in Wyoming County, WV. 
By facsimile filed on December 4, 2001, NSR advised the Board that 
the line is located in Raleigh County, WV, as correctly identified 
in the present notice, and not Wyoming County, WV, as previously 
indicated in the notice of June 18, 1990.
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    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic, if there is any, 
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

[[Page 64071]]

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 January 
10, 2002, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,\2\ 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 December 21, 2001. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by December 31, 2001, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423.
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    \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 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.
    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 December 
14, 2001. 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) 565-1552. 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 December 11, 2002, 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 web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 4, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-30608 Filed 12-10-01; 8:45 am]
BILLING CODE 4915-00-P