[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Page 71815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28222]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 373X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Adams and Scioto Counties, Ohio

    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 approximately 
31.5 miles of rail line extending from milepost CT 73.50 at Plum Run to 
milepost 105.00 at Vera (West Portsmouth), in Adams and Scioto 
Counties, Ohio (the Line). The Line traverses United States Postal 
Service Zip Codes 45652, 45657, 45660, and 45663.
    NSR has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic has moved over the 
Line for at least two years and overhead traffic, 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 or with 
any U.S. District Court or has been decided in favor of complainant 
within the two-year period; and (4) the requirements at 49 CFR 1105.12 
(newspaper publication) and 40 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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) to subsidize continued rail service has been 
received, this exemption will be effective January 2, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued service under 49 CFR 1152.27(c)(2) \1\ must be 
filed by December 15, 2014.\2\ Petitions to reopen must be filed by 
December 23, 2014, with the Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because NSR is seeking to discontinue service, not to 
abandon the line, trail use/rail banking and public use conditions 
are not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: William A. Mullins, Baker & Miller PLLC, 
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 
www.stb.dot.gov.

    Decided: November 25, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-28222 Filed 12-2-14; 8:45 am]
BILLING CODE 4915-01-P