[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Notices]
[Pages 2954-2955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1515]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33928]


Norfolk Southern Corporation and Norfolk Southern Railway 
Company--Construction and Operation--in Indiana County, PA

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of filing of application and request for public 
comments.

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SUMMARY: Norfolk Southern Corporation and Norfolk Southern Railway 
Company have filed an application under 49 U.S.C. 10901(a) for 
authority to construct and operate a 5.26-mile line of railroad in 
Indiana County, PA.\1\ The Board will entertain comments and replies on 
whether this application meets the criteria of 49 U.S.C. 10901.
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    \1\ In anticipation of the filing of the application, applicants 
requested that the Board grant a protective order to maintain the 
confidentiality of sensitive materials. The request was granted in a 
decision served February 8, 2001.

DATES: Comments are due on January 31, 2002. Replies are due on 
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February 5, 2002.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Finance Docket No. 33928 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, send one copy of comments to applicants' 
representatives: Constance A. Sadler, Sidley Austin Brown & Wood, 1501 
K Street, NW., Washington, DC 20005 and John V. Edwards, Norfolk 
Southern Corporation, Three Commercial Place, Norfolk, VA 23510-2191.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[TDD for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: On December 27, 2001, Norfolk Southern 
Corporation (NSC) and Norfolk Southern Railway Company (NSR) 
(collectively, NS) filed an application under 49 U.S.C. 10901(a)\2\ for 
authority to construct and operate a 5.26-mile line of railroad between 
Saltzburg and Clarksburg, in Indiana County, PA (the Saltzburg 
Connection).\3\ The new line is part of a larger project creating a new 
route from the south for NSR to serve the Reliant Energy Keystone 
Generating Plant (Keystone Plant) at Shelocta, PA (the Keystone 
Project).\4\
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    \2\ On the same day, NS filed a Petition for Procedural Schedule 
proposing a timetable for the submission of public comments and 
replies regarding this project, not including environmental review. 
The Board's regulations governing construction applications at 49 
CFR 1150.10 establish the procedures for public participation. NS 
cited a need for expedition in support of its schedule. But the only 
effect of the schedule proposed by NS is to give itself additional 
time to reply to any comments. A need for expedition does not 
justify such a request. If the comments filed require more time for 
reply than that provided by the regulations, NS may seek additional 
time at that time. This proceeding shall be conducted according to 
49 CFR 1150.10(g) and (h), as set forth in this notice.
    \3\ According to applicants, NSC, NSR or one of their respective 
subsidiaries will construct, and NSR will operate, the new line of 
railroad.
    \4\ The other parts of the project involve the rehabilitation of 
an out-of-service line between Clarksburg and Shelocta and the 
modification of the existing Keystone Connection near Shelocta that 
will connect the rehabilitated Clarksburg Segment with the existing 
Shelocta Industrial Running Track. The three parts of the project 
will be collectively referred to as the Shelocta Secondary.
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    NSR currently serves the Keystone Plant over the Northern Route, a 
circuitous and mountainous route utilizing trackage rights over a 
substantial portion of the route. Northern Route coal originates with 
Pittsburgh Steam coal producers located in southwest Pennsylvania and 
northern West Virginia on the NS-operated Monongahela Line.
    NS contends that the new Southern Route will have a greater 
capacity than the existing Northern Route, and that it will save time, 
crews and locomotives required to provide rail deliveries to the 
Keystone Plant. NS further asserts that it will be a shorter, more 
efficient, effective, and environmentally superior alternative to the 
Northern Route. Although no shippers other than the Keystone Plant will 
be served by the new Southern Route, NS claims that the new route will 
provide an efficient service outlet to the rest of the NS system should 
new businesses locate in the area served by that route in the future.
    Environmental review of the application is currently ongoing by the 
Board's Section of Environmental Analysis (SEA). On November 17, 2000, 
SEA granted NS's request for a waiver of the 6-month prefiling notice 
generally required for construction projects under 49 CFR 1105.10(a). 
NS filed a request for waiver of the Environmental Impact Statement 
under 49 CFR 1105.6 on January 16, 2001, which was granted by SEA in a 
letter dated January 24, 2001. Because a third-party consultant has 
been retained to prepare the necessary environmental documentation 
under the Board's direction and supervision, the Board's environmental 
reporting requirements are not applicable to this application. See 49 
CFR 1105.10(d).
    Written comments (an original and 10 copies) on the application to 
construct

[[Page 2955]]

and operate the above-described rail line must be filed with the Board 
not later than January 31, 2002. Comments must contain the basis for 
the party's position either in support or opposition, and must contain 
the name and address of the commenting party. Applicants must be 
concurrently served with a copy of each comment. Any replies (an 
original and 10 copies) by applicants to written comments must be filed 
with the Board not later than February 5, 2002.
    Board decisions and notices are available on our website at 
WWW.STB.DOT.GOV.
    This decision will not significantly affect either the quality of 
the human environment or the conservation of energy resources.

    Decided: January 15, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-1515 Filed 1-18-02; 8:45 am]
BILLING CODE 4915-00-P