[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 28078-28079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7328]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 254X); STB Docket No. AB-290 (Sub-No. 
274X); STB Docket No. AB-149 (Sub-No. 2X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Stanly County, NC; Yadkin Railroad Company--
Discontinuance of Service Exemption--in Stanly County, NC; Winston-
Salem Southbound Railway Company--Discontinuance of Service Exemption--
in Stanly County, NC

    On April 25, 2006 Norfolk Southern Railway Company (NSR), Yadkin 
Railroad Company (YRC), a wholly owned subsidiary of NSR, and Winston-
Salem Southbound Railway Company (WSSB), a Class III switching carrier 
owned equally by NSR and CSX Transportation, Inc., jointly filed with 
the Board an amended petition under 49 U.S.C. 10502 for exemption from 
the provisions of 49 U.S.C. 10903: (1) For NSR to discontinue service 
over 11.11 miles of rail line (the Line) between milepost WF-0.00 at 
Halls Ferry Junction and milepost WF-11.11 at Badin in Stanly County, 
NC, which it operates under lease from YRC; (2) for YRC to discontinue 
service over the Line, which it leases from Alcoa, Inc. (Alcoa), the 
owner of the Line's right-of-way, track, and improvements; \1\ and (3) 
for WSSB to discontinue service over the 5.21-mile portion of the Line 
between milepost WF-5.90 at Whitney, NC, and milepost WF-11.11 at 
Badin, which it and YRC jointly lease from Alcoa. The Line traverses 
United States Postal Service Zip Code 28001 and serves the station of 
Badin. NSR will continue to serve the Halls Ferry Junction station, and 
WSSB will continue to serve the Whitney station.
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    \1\ Interested persons, including Alcoa, are invited to comment 
on whether Alcoa or another entity requires abandonment 
authorization before the Line can be abandoned.
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    The Line was constructed by Tallassee Power Company (Tallassee), an 
Alcoa predecessor. In March 1916, shortly after the Line's construction 
was completed, Tallassee leased the 5.90-mile segment of the Line 
between Halls Ferry Junction and Whitney to YRC and the 5.21-mile 
segment between Whitney and Badin jointly to YRC and WSSB. The leases, 
which have no fixed term, provide that the lessees are to operate and 
maintain (except for extraordinary maintenance and capital 
improvements) the Line as common carriers providing motive power and 
equipment as needed to serve Alcoa's aluminum smelting facility at 
Badin and local traffic.
    Alcoa is the Line's only shipper. One other shipper, Yadkin Brick 
Company (Yadkin Brick), has used the Line. According to petitioners, 
Yadkin Brick was located on the Halls Ferry Junction-Whitney segment in 
the mid to late 1990s and perhaps for some time earlier.
    NSR is the only carrier that has conducted operations over the Line 
since 1996. In that year, NSR entered into a haulage agreement to move 
cars for CSXT over the Whitney-Badin segment, replacing the switching 
service WSSB was providing for CSXT.
    YRC ceased operations over the Line in 1951 when its property was 
leased to the Carolina and Northwestern Railway Company (CNR), a 
subsidiary of Southern Railway Company (SOR). Carolina & Northwestern 
Railway Company, Control, Etc., 282 I.C.C. 802 (1951). In 1988, CNR was 
merged into SOR, which became successor lessee of YRC's properties, 
Southern Railway Company--Merger Exemption--Carolina and Northwestern 
Railway Company, Finance Docket No. 31255 (ICC served May 12, 1988). 
SOR changed its name to NSR in 1990, and in 2000 NSR renewed its lease 
of, and authority to operate, YRC's properties. Norfolk Southern 
Railway Company--Corporate Family Transaction Exemption--Yadkin 
Railroad Company, STB Finance Docket No. 33951 (STB served Dec. 12, 
2000).
    The line does not contain federally granted rights-of-way. Any 
documentation in petitioners' possession will be made available 
promptly to those requesting it.\2\
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    \2\ Petitioners state that such documentation is unlikely to 
exist because Alcoa owns the right-of-way.
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    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 issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by August 11, 2006.
    Petitioners assert that the Line will revert to Alcoa as private 
line or real estate following the discontinuances and will not be 
subject to offers of financial assistance (OFA). Under 49 U.S.C. 10904, 
any person may file an OFA to subsidize NSR's operation of the Line for 
up to a year. Any OFA to subsidize the Line 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 offer must be accompanied by a $1,300 
filing fee. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2006 Update, STB Ex 
Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 2006); 49 CFR 
1002.2(f)(25).
    All filings in response to this notice must refer to STB Docket 
Nos. AB-290 (Sub-No. 254X), AB-290 (Sub-No. 274X) and AB-149 (Sub-No. 
2X) 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. Replies to the joint 
petition are due on or before June 5, 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.

[[Page 28079]]

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 any agencies or other persons who commented during its 
preparation. EAs in these abandonment proceedings normally will be made 
available within 60 days of the filing of the amended 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: May 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-7328 Filed 5-12-06; 8:45 am]
BILLING CODE 4915-01-P