[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Page 62907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21832]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 297X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Chester County, PA

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 7.70 mile line 
of railroad between milepost PX 3.10 and milepost PX 10.80 in 
Phoenixville, Chester County, PA. The line traverses United States 
Postal Service Zip Codes 19453 and 19460, and includes the stations of 
Phoenixville, Pickering, and Devault.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) that all overhead traffic, if any, has 
been 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 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 these exemptions, any employee adversely affected 
by the discontinuance of service 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 December 7, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\1\ must be filed by November 19, 2007.\2\ 
Petitions to reopen must be filed by November 27, 2007, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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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 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: 
http://www.stb.dot.gov.

    Decided: October 30, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-21832 Filed 11-6-07; 8:45 am]
BILLING CODE 4915-01-P