[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53217-53218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22772]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 238X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Buchanan County, VA

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
4.0 miles of its line of railroad between milepost BH-0.0 at Bull Creek 
and milepost BH-4.0 at Harman, in Buchanan County, VA. The line 
traverses United States Postal Service Zip Code 24618.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years and overhead traffic, if there were any, 
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 9, 
2003,\1\ unless

[[Page 53218]]

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 September 19, 2003. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by September 29, 2003, with: Surface Transportation Board, 
1925 K Street NW., Washington, DC 20423-0001.
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    \1\ In its notice, NSR indicated a proposed consummation date of 
October 8, 2003. Under 49 CFR 1152.50(d)(2), however, the earliest 
the exemption could become effective is 50 days after the verified 
notice of exemption was filed. The notice was filed on August 20, 
2003. Therefore, the effective date of the exemption is October 9, 
2003, and consummation may not take place prior to that date. NSR's 
representative has been notified and has confirmed that consummation 
will not take place before October 9, 2003.
    \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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to NSR'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 or historic 
resources. SEA will issue an environmental assessment (EA) by September 
12, 2003. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339. 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 September 9, 2004, 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 http://www.stb.dot.gov.

    Decided: August 29, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-22772 Filed 9-8-03; 8:45 am]
BILLING CODE 4915-00-P