[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Notices]
[Pages 42804-42805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16078]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 251X) and Docket No. AB-866X]


Norfolk Southern Railway Company, et al; Abandonment Exemption 
and Discontinuance of Service Exemption in Chowan County, NC

    Norfolk Southern Railway Company (NSR) and North Carolina & 
Virginia Railway Company, Inc., The Chesapeake and Albemarle Division 
(NCVA) have jointly filed a notice of exemption under 49 CFR Part 1152 
Subpart F--Exempt Abandonments and Discontinuances of Service for NSR 
to abandon, and for NCVA to discontinue service under a lease from NSR 
over, a 0.33-mile line of railroad between approximately milepost NS-
73.67 and milepost NS-74.00 in Edenton, Chowan County, NC. The line 
traverses United States Postal Service Zip Code 27932.
    NSR and NCVA have 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 report), 49 CFR 1105.8 (historic 
report), 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, these exemptions will be 
effective on August 17, 2004,\1\ 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 
July 26, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 5, 2004, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.\4\
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. While applicants 
initially indicated a proposed consummation date of August 16, 2004, 
because the verified notice was filed on June 28, 2004, consummation 
may not take place prior to August 17, 2004. By facsimile filed on 
July 6, 2004, NSR's representative confirmed that the consummation 
date will be August 17, 2004.
    \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).
    \4\ NSR states that the right-of-way underlying the segment is 
being sold to Dominion Resources (Virginia Power). According to NSR, 
this use of the right-of-way, which will benefit the public through 
more efficient electric power transmission service in the area, 
precludes any potential public use other than that proposed by 
Virginia Power.
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: James R. Paschall, Three Commercial Place, 
Norfolk, VA 23510; and Gary A. Laakso, 5300 Broken Sound Blvd., NW., 
2nd Floor, Boca Raton, FL 33487.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR and NCVA have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by July 23, 2004. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 500, Surface Transportation

[[Page 42805]]

Board, Washington, DC 20423) 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 July 16, 2005, 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: July 9, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-16078 Filed 7-15-04; 8:45 am]
BILLING CODE 4915-01-P