[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Notices]
[Pages 36585-36586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14577]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

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


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

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 2.82-mile line of railroad between milepost TW 0.00 and 
milepost TW 2.82 in Toledo, Lucas County, OH.\1\ The line traverses 
United States Postal Service Zip Codes 43604, 43607, and 43609.
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    \1\ In Docket No. AB-290 (Sub-No. 39X), Norfolk and Western 
Railway Company--Discontinuance Exemption--Operations between Toledo 
and Walbridge Junction, OH, the Interstate Commerce Commission 
granted authority for Norfolk and Western Railway Company (NW) to 
discontinue its service over the line. In its notice here, however, 
NSR, as successor to NW by merger, indicates that the portion of its 
line between milepost TW 2.69 and milepost TW 2.82 shares the right-
of-way and a bridge with an active rail line, and NSR states that no 
salvage or other track removal activities will occur on that segment 
and that the bridge will be unaffected.
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    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic on the line, 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 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 at 49 
CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 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 July 29, 2008, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 7, 2008. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by July 17, 2008,\4\ with the 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ NSR states that it does not have fee title to the entire 
right-of-way underlying the line and will not have a contiguous 
corridor available for public use.
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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 July 3, 
2008. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 245-0305. [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.

[[Page 36586]]

    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 June 27, 2009, 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: June 23, 2008.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-14577 Filed 6-26-08; 8:45 am]
BILLING CODE 4915-01-P