[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3102-3103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1004]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 257X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Blackford County, IN

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption \1\ under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon an 8.60-mile line of railroad between milepost RK-130.00 at 
Converse, and milepost RK-138.60 at Hartford City, in Blackford County, 
IN. The line traverses United States Postal Service Zip Codes 46919 and 
47348.
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    \1\ The notice of exemption was received by the Board on 
December 29, 2004. In a letter accompanying NSR's notice of 
exemption, NSR indicates that it intended to file the notice of 
exemption on December 30, 2004, and, if the Board received the 
filing before that date, NSR requests that the filing date be 
postponed to December 30, 2004. Accordingly, December 30, 2004 is 
used as the filed date and the date for computation of due dates in 
this proceeding.
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    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 
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 February 18, 2005, 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 
January 31, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 8, 2005, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services--2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).

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[[Page 3103]]

    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, General Attorney, Norfolk Southern 
Railway Company, Three Commercial Place, Norfolk, VA 23510-2191.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by January 
24, 2005. 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 January 19, 2006, 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: January 12, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-1004 Filed 1-18-05; 8:45 am]
BILLING CODE 4915-01-P