[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Page 34835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13312]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 307X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in St. Joseph and LaPorte Counties, IN

    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 4.40-mile line 
of railroad between milepost 131.60 and milepost 136.00 in St. Joseph 
and LaPorte Counties, IN. The line traverses United States Postal 
Service Zip Code 46574, and includes the station of Kankakee.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic 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 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 this exemption, any employee adversely affected 
by the service discontinuance 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 July 18, 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),\1\ must be filed by June 30, 2008.\2\ Petitions 
to reopen must be filed by July 8, 2008, 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\ 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 NSR's 
representative: James R. Paschall, 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: June 6, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-13312 Filed 6-12-08; 8:45 am]
BILLING CODE 4915-01-P