[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78870-78871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30146]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 210X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Fulton County, GA

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption \1\ under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 4.30-mile line of railroad between milepost DF 633.10 and 
milepost DF 637.40, in Atlanta, Fulton County, GA. The line traverses 
United States Postal Service Zip Codes 30303, 30306, 30307, 30308, 
30309, 30312, 30324, 30337, 30340, and 30354.\2\
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    \1\ NSR concurrently filed a petition seeking an exemption from 
the offer of financial assistance (OFA) and the public use 
provisions at 49 U.S.C. 10904 and 49 U.S.C. 10905, respectively. The 
merits of the petition will be addressed in a separate decision.
    \2\ NSR states that the property underlying the line proposed 
for abandonment between milepost DF 633.10 and the crossing at grade 
of DeKalb Avenue/Decatur Street at approximately milepost DF 636.56 
was conveyed to a local developer in 2004, and that the developer 
subsequently conveyed the property to NE Corridor Partners, LLC, 
which intends to develop the property as part of the Atlanta 
BeltLine project. NSR also states that it has retained an operating 
easement and complete operating authority over this property pending 
receipt of abandonment authority or exemption from the Board.
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    NSR has certified that: (1) No local or overhead traffic has moved 
over the line for at least 2 years; (2) overhead traffic on the line, 
if any, could 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 
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 January 22, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an

[[Page 78871]]

OFA under 49 CFR 1152.27(c)(2),\4\ and trail use/rail banking requests 
under 49 CFR 1152.29 must be filed by January 2, 2009.\5\ Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by January 12, 2009 with the Surface Transportation Board, 395 
E Street, SW., Washington, DC 20423-0001.
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    \3\ 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.
    \4\ 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).
    \5\ NSR states that it does not have fee title to the right-of-
way underlying the line proposed for abandonment and, therefore, 
that it will not have a 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 December 
24, 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.
    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 December 23, 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: December 12, 2008.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E8-30146 Filed 12-22-08; 8:45 am]
BILLING CODE 4915-01-P