[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Page 22902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9254]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 248X)]


Norfolk Southern Railway Company-Abandonment Exemption-in 
Washington County, NC

    On April 7, 2004, Norfolk Southern Railway Company (NSR) filed with 
the Surface Transportation Board (Board) a petition under 49 U.S.C. 
10502 for exemption from the provisions of 49 U.S.C. 10903-10905\1\ to 
abandon a 7.3-mile line of railroad between milepost NS-82.7 at 
Mackeys, and milepost NS-90.0 at Plymouth, in Washington County, NC. 
The line segment traverses United States Postal Service Zip Code 27962, 
and includes the stations of Mackeys and Plymouth.
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    \1\ In addition to an exemption from 49 U.S.C. 10903, NSR seeks 
exemption from 49 U.S.C. 10904 (offer of financial assistance 
procedures) and 49 U.S.C. 10905 (public use conditions). NSR states 
that it has conveyed the right-of-way, subject to a temporary 
easement for the railroad line, to Dominion Virginia Power for the 
purpose of accessing, upgrading, and maintaining its electric power 
transmission facilities. NSR's request for exemption from sections 
10904 and 10905 will be addressed in the final decision.
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    The line does not contain federally granted rights-of-way. Any 
documentation in NSR's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.-Abandonment-Goshen, 
360 I.C.C. 91 (1979).
    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by July 26, 2004.
    Unless the request for an exemption from the provisions of section 
10904 is granted, any offer of financial assistance (OFA) under 49 CFR 
1152.27(b)(2) will be due no later than 10 days after service of a 
decision granting the petition for exemption. Each OFA must be 
accompanied by a $1,100 filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than May 17, 2004. Each trail use 
request must be accompanied by a filing fee which will be $200 as of 
April 28, 2004. See 49 CFR 1002.2(f)(27), as amended in Regulations 
Governing Fees for Services Performed in Connection with Licensing and 
Related Services--2002 New Fees, STB Ex Parte No. 542 (Sub-No. 4) (STB 
served and published Mar. 29, 2004).
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 248X) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001, and (2) James R. 
Paschall, Three Commercial Place, Norfolk, VA 23510-2191. Replies to 
the NSR petition are due on or before May 17, 2004.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1539. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary), prepared by SEA, will be served upon all parties 
of record and upon any agencies or other persons who commented during 
its preparation. Other interested persons may contact SEA to obtain a 
copy of the EA (or EIS). EAs in these abandonment proceedings normally 
will be available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 19, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-9254 Filed 4-26-04; 8:45 am]
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