[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Pages 54709-54710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15264]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 268X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Lorain County, OH

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon 2.31 miles of track between mileposts LV-22.32 and LV-23.55 and 
between mileposts LV-24.17 and LV-25.25, in the Village of Sheffield, 
in Lorain County, OH. The line traverses United States Postal Service 
Zip Code 44055 and includes the former station of South Lorain.
    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, if there were any, overhead traffic 
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 October 18, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 28, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 10, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the appropriate filing fee, 
which was increased to $1,300 effective on April 19, 2006. 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).
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, Senior General Attorney, Norfolk 
Southern Corporation, Three Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by September 
22, 2006. 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 September 18, 2007, 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: September 8, 2006.


[[Page 54710]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-15264 Filed 9-15-06; 8:45 am]
BILLING CODE 4915-01-P