[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Page 51411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17136]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 264X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Sumter County, SC

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 9.8-mile rail 
line between milepost SB-12.20 at Foxville and milepost SB-22.00 at 
Hasskamp, in Sumter County, SC.\1\ The line traverses United States 
Postal Service Zip Codes 29150, 29153 and 29514.
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    \1\ On August 18, 2005, NSR informed the Board that milepost SB-
22.20 stated in its notice, should be milepost 22.00.
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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 that 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 1105.12 (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 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, this exemption will be 
effective on September 29, 2005,\2\ unless stayed pending 
reconsideration. Petitions to stay and formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2), must be filed by September 9, 
2005. Petitions to reopen must be filed by September 19, 2005, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \2\ Because this is a discontinuance of service proceeding and 
not an abandonment, there is no need to provide an opportunity for 
trail use/rail banking or public use condition requests. Likewise, 
no environmental or historic documentation is required under 49 CFR 
1105.6(c)(6) and 1105.8.
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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 
Railway Company, Three Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 23, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-17136 Filed 8-29-05; 8:45 am]
BILLING CODE 4915-01-P