[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28188-28189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10703]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 299X); STB Docket No. AB-1024X]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Chesapeake, VA; Norfolk and Portsmouth Belt Line Railroad 
Company--Discontinuance of Trackage Rights Exemption--in Chesapeake, VA

    Norfolk Southern Railway Company (NSR) and Norfolk and Portsmouth 
Belt Line Railroad Company (NPBL) \1\ (collectively, applicants) have 
jointly filed a verified notice of exemption under 49 CFR part 1152 
subpart F--Exempt Abandonments and Discontinuances of Service for NSR 
to discontinue service over, and for NPBL to discontinue trackage 
rights over, 0.90 miles of railroad between milepost NS 1.40 and 
milepost NS 2.30, in Chesapeake, VA. The line traverses United States 
Postal Service Zip Code 23324.
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    \1\ NPBL is jointly owned by NSR and CSX Transportation, Inc.
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    NSR and NPBL have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) any overhead traffic can 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 (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 of 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 service discontinuance/discontinuance of trackage rights shall 
be protected under Oregon Short Line R. Co.--Abandonment--Goshen, 360 
I.C.C. 91 (1979). To address whether this

[[Page 28189]]

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, these exemptions will be 
effective on June 14, 2008, 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),\2\ must be filed by May 27, 2008.\3\ Petitions to 
reopen must be filed by June 4, 2008, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \3\ In discontinuance proceedings, 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 
applicants' representatives: James R. Paschall, Three Commercial Place, 
Norfolk, VA 23510, and James L. Chapman, IV, 1200 Bank of America 
Center, One Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 6, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-10703 Filed 5-13-08; 8:45 am]
BILLING CODE 4915-01-P