[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71609-71610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21002]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 286)]


Norfolk Southern Railway Company--Adverse Abandonment--St. Joseph 
County, IN

    On November 21, 2006, the City of South Bend, IN (the City), the 
Brothers of Holy Cross, Inc. (the Brothers), and the Sisters of the 
Holy Cross, Inc. (the Sisters) (collectively, applicants), filed an 
application under 49 U.S.C. 10903, requesting that the Surface 
Transportation Board authorize the third-party or adverse abandonment 
of approximately 3.7 miles of railroad lines (the Lines) owned by 
Norfolk Southern Railway Company (NSR).\1\ The Lines are located 
between milepost UV 0.0 and milepost UV 2.8 and between milepost Z0 9.6 
and milepost Z0 10.5, and include an industrial spur that extends from 
milepost Z0 9.6 to the University of Notre Dame (the University), all 
in St. Joseph County, IN. The Lines traverse United States Postal 
Service Zip Codes 46601, 46616, 46617, 46628, 46629, and 46556 and 
include no stations.
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    \1\ The Chicago, Lake Shore and South Bend Railway Company 
(CLS&SB) filed a petition to reject applicants' notice of intent to 
file this adverse abandonment application on November 13, 2006, and 
applicants filed a reply on November 16, 2006. Applicants filed this 
adverse abandonment application on November 21, 2006, and CLS&SB 
filed a petition to reject the application on December 4, 2006. A 
ruling on the petitions to reject will be made in a separate 
decision.
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    According to applicants, the Lines traverse properties owned by the 
Brothers and the Sisters. The Brothers' property is the site of Holy 
Cross College, Holy Cross Village (a retirement community), and other 
improvements and uses furthering the Brothers' charitable mission. The 
Sisters' property is the site of a motherhouse, the international 
headquarters of the Congregation of the Sisters of the Holy Cross, and 
the Inn at St. Mary's, and it is adjacent to St. Mary's College, which 
the Sisters sponsor.
    Applicants state that there has been no rail service or requests 
for service on the Lines for at least 10 years and claim that there is 
no foreseeable need for rail service. Additionally, applicants claim 
that sections of the Lines have been paved over and removed at numerous 
locations and that the Lines are physically severed from the national 
rail system as a result of previous abandonments.\2\
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    \2\ See Conrail Abandonment in South Bend Between Milepost 10.5 
and Milepost 11.8, St. Joseph County, IN, Docket No. AB-167 (Sub-No. 
407N) (ICC served Apr. 22, 1982) and Conrail Abandonment in Berrien 
County, MI and St. Joseph County, IN, Docket No. AB-167 (Sub-No. 
672N) (ICC served Aug. 31, 1984).
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    Applicants state that the line between milepost UV 0.0 and milepost 
UV 2.8 crosses 17 streets in the City, two of which carry significant 
vehicular traffic, creating a public nuisance and significant safety 
and environmental concerns. They add that the City plans to acquire or 
condemn the portion of the right-of-way within its jurisdiction for 
public use in the form of a sewer system and a trail. Additionally, 
applicants claim that a portion of that line and of the line between 
milepost Z0 9.6 and milepost Z0 10.5 are adversely affecting the 
Brothers' ability to plan for the future because they run through the 
heart of its property. The Brothers and the Sisters also assert a claim 
under Indiana law to a reversionary interest in this section of the 
right-of-way.
    In a decision served in this proceeding on October 26, 2006, 
applicants were granted waivers from some of the requirements of the 
Board's regulations at 49 CFR 1152 that were not relevant to their 
adverse abandonment application or that sought information not 
available to them. Specifically, applicants were granted a fee waiver; 
waivers from the notice requirements at 49 CFR 1152.20(a)(2)(i) and 
(2)(xii), 49 CFR 1152.20(a)(3), and 49 CFR 1152.21; waivers from the 
application requirements at 49 CFR 1152.10-14, 49 CFR 1152.22(a)(5), 
(b)-(d), and (i), and 49 CFR 1152.24(e)(1); and waivers from the offer 
of financial assistance (OFA) and public use procedures at 49 CFR 
1152.27-28.
    Based on the information in their possession, applicants state that 
the Lines do not contain any federally granted rights-of-way. Any 
documentation in applicants' possession will be made available promptly 
to those requesting it. Applicants state that they filed their entire 
case for abandonment with their application.
    NSR has no employees on the Lines. Accordingly, there are no 
railroad employee interests that require labor protection.
    Any interested person may file written comments concerning the 
proposed abandonment or protests (including the protestant's entire 
opposition case) by January 5, 2007. Applicants' reply is due on 
January 22, 2007. Because this is an adverse abandonment proceeding, 
OFA's and public use requests are not appropriate and will not be 
entertained.
    The Board has not yet had occasion to decide whether the issuance 
of a certificate of interim trail use in an adverse abandonment would 
be consistent with the grant of such an application. Accordingly, any 
request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 
1152.29) must be filed by January 5, 2007, and should address that 
issue. Each trail use request must be accompanied by a $200 filing fee. 
See 49 CFR 1002.2(f)(27).
    Persons opposing the proposed adverse abandonment who wish to 
participate actively and fully in the

[[Page 71610]]

process should file a protest. Persons who may oppose the abandonment 
but who do not wish to participate fully in the process by submitting 
verified statements of witnesses containing detailed evidence should 
file comments. Persons seeking information concerning the filing of 
protests should refer to 49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 286) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Richard 
H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, 
Washington, DC 20006-4657. Filings may be submitted either via the 
Board's e-filing format or in the traditional paper format. Any person 
using e-filing should comply with the instructions found on the Board's 
http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any person 
submitting a filing in the traditional paper format should send the 
original and 10 copies of the filing to the Board with a certificate of 
service. Except as otherwise set forth in 49 CFR 1152, every document 
filed with the Board must be served on all parties to this adverse 
abandonment proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by Board's Section of Environmental 
Analysis (SEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact SEA. EAs in abandonment or discontinuance proceedings normally 
will be made available within 33 days of the filing of the application. 
The deadline for submission of comments on the EA will generally be 
within 30 days of its service. The comments received will be addressed 
in the Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    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/discontinuance regulations at 
49 CFR 1152. Questions concerning environmental issues may be directed 
to SEA at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-21002 Filed 12-8-06; 8:45 am]
BILLING CODE 4915-01-P