[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63053-63054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25025]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 305X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Somerset County, PA

    On October 2, 2008, Norfolk Southern Railway Company (NSR) filed 
with the Surface Transportation Board a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon a 1.80-
mile line of railroad known as the South Fork Industrial Track, 
extending between milepost QS 14.40 and milepost QS 16.20 in Somerset 
County, PA. The line traverses U.S. Postal Service Zip Code 15963 and 
includes the stations of Scalp Level, Shade Creek, and Windber Jct.
    In addition to an exemption from the prior approval requirements of 
49 U.S.C. 10903, NSR seeks exemption from 49 U.S.C. 10904 [offer of 
financial assistance procedures] and 49 U.S.C. 10905 [public use 
conditions]. In support, NSR states that, following abandonment, it 
proposes to convey the line intact to Rosebud Mining Company for 
continued use in its coal mining operations as a private track. This 
request will be addressed in the final decision.
    The line does not contain federally granted rights-of-way. Any 
documentation in NSR's possession will be made available promptly to 
those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by January 16, 2009.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).\1\
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    \1\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than November 12, 2008. Each trail 
use request must be accompanied by a $200 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 305X), and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) John M. 
Scheib, General Attorney, Norfolk Southern Corporation, Three 
Commercial Place, Norfolk, VA 23510. Replies to NSR's petition are due 
on or before November 12, 2008.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 14, 2008.


[[Page 63054]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-25025 Filed 10-21-08; 8:45 am]
BILLING CODE 4915-01-P