[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65319-65320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27220]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 333X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Forsyth County, NC

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152

[[Page 65320]]

subpart F-Exempt Abandonments and Discontinuances of Service to 
discontinue service over approximately 10.0 miles of rail line between 
mileposts L-0.0 (near Trade Street in Winston-Salem) and L-10.0 (near 
the intersection of Hampton Road and Idols Road in Clemmons), in 
Forsyth County, N.C. The line traverses United States Postal Service 
Zip Codes 27012, 27101, 27103, 27104, 27105, and 27127.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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 1105.12 (newspaper 
publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) 
have been met.\1\
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    \1\ Because this is a discontinuance proceeding and not an 
abandonment, the proceeding is exempt from the requirements of 49 
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 
become effective on November 19, 2011, 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 October 
31, 2011.\3\ Petitions to reopen must be filed by November 9, 2011, 
with the 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 is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: Robert A. Wimbish, 2401 Pennsylvania Ave., NW., Suite 
300, Washington, DC 20037.
    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: October 17, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-27220 Filed 10-19-11; 8:45 am]
BILLING CODE 4915-01-P