[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Notices]
[Pages 168-169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24626]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 237X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Baltimore County, MD

    On December 14, 2005, Norfolk Southern Railway Company (NSR) filed 
with the Surface Transportation Board a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903-05 to abandon its 
freight operating rights and rail freight service over 12.8 miles of a 
line of railroad between milepost UU-1.0 at Baltimore, MD, and milepost 
UU-12.8 at Cockeysville, MD.\1\ The line traverses U.S. Postal Service 
Zip Codes 21030, 21065, and 21201 and includes the stations of 
Lutherville, Timonium, Texas, and Cockeysville. NSR states that it will 
continue to provide rail service to the station of Baltimore.
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    \1\ Pursuant to the Conrail Transaction Agreement approved by 
the Board in 3 S.T.B. 196 (1998), certain Consolidated Rail 
Corporation (Conrail) assets, including Conrail's interest in the 
line, were allocated to Pennsylvania Lines, LLC (PRR). PRR's assets, 
in turn, were leased to and operated by NSR under the terms of an 
allocated assets operating agreement between PRR and NSR. NSR 
acquired the right to operate over the line from Conrail through 
merger of NSR with Conrail's former subsidiary, PRR, on August 27, 
2004. See CSX Corporation and CSX Transportation, Inc., Norfolk 
Southern Corporation and Norfolk Southern Railway Company--Control 
and Operating Leases/Agreements--Conrail Inc. and Consolidated Rail 
Corporation, STB Finance Docket No. 33388 (Sub-No. 94), Decision No. 
2 (STB served Nov. 7, 2003).
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    In addition to an exemption from 49 U.S.C. 10903, NSR seeks 
exemption from 49 U.S.C. 10904 [offer of financial assistance (OFA) 
procedures] and 49 U.S.C. 10905 [public use conditions]. In support, 
NSR states that the right-of-way is owned by the Maryland Department of 
Transportation (MDOT),\2\ and MDOT, through MTA, will continue to use 
the line for the public purpose of providing light rail commuter 
passenger service. These requests will be addressed in the final 
decision.
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    \2\ MDOT describes itself as the umbrella organization for the 
Maryland Transit Administration (MTA) and other Maryland 
governmental transportation agencies. MDOT and MTA are government 
agencies sponsoring or operating commuter mass transit service and 
have not held, do not hold, and do not intend to hold themselves out 
to provide rail freight service over the line.
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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 April 3, 2006.
    Any 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, 
unless the Board grants the requested exemption from the OFA process. 
Each offer must be accompanied by a $1,200 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. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking \3\ under 49 CFR 1152.29 will be due no later than

[[Page 169]]

January 23, 2006. Each trail use request must be accompanied by a $200 
filing fee. See 49 CFR 1002.2(f)(27).
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    \3\ NSR indicates that, because of the continuing use of the 
line for light rail commuter passenger operations by MTA, NSR will 
not consent to a trail use negotiation condition.
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    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 237X), and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001, and (2) James R. 
Paschall, Senior General Attorney, Norfolk Southern Railway Company, 
Three Commercial Place, Norfolk, VA 23510-2191. Replies to NSR's 
petition are due on or before January 23, 2006.
    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 made 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: December 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-24626 Filed 12-30-05; 8:45 am]
BILLING CODE 4915-01-P