[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Page 71066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27670]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 406X)]


Norfolk Southern Railway Company--Abandonment Exemption--in the 
City of Fort Wayne, Ind.

    On December 6, 2019, Norfolk Southern Railway Company (NSR) filed 
with the Surface Transportation Board a petition under 49 U.S.C. 10502 
for exemption from the prior approval requirements of 49 U.S.C. 10903 
to abandon an approximately 2.29-mile rail line, previously known as 
the Fourth Street Industrial Track, extending from milepost GI 0.0 to 
milepost GI 2.29 in the City of Fort Wayne, Allen County, Ind. (the 
Line). The Line traverses U.S. Postal Service Zip Codes 46805 and 
46808. NSR states that the Line previously included the station of 
Fourth Street.
    NSR states that it is seeking to abandon the Line because it has 
been dormant for nearly two decades. (NSR Pet. 11.) On October 23, 
2019, the Board rejected a verified notice of exemption filed by NSR to 
abandon the Line, finding that the class exemption procedure was 
inappropriate given the factual and legal questions raised by the 
verified notice of exemption, including questions regarding the Line's 
classification. Norfolk S. Ry.--Aban. Exemption--in the City of Fort 
Wayne, Ind., AB 290 (Sub-No. 403X) (STB served Oct. 23, 2019). In its 
petition, NSR states that, on balance, the facts suggest that the Line 
is a line of railroad governed by 49 U.S.C. 10901 rather than excepted 
track governed by 49 U.S.C. 10906. (NSR Pet. 11.)
    According to NSR, the Line does not contain any 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 Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 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 March 25, 2020.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
for continued rail service will be due no later than 120 days after the 
filing of the petition for exemption, or 10 days after service of a 
decision granting the petition for exemption, whichever occurs sooner. 
Persons interested in submitting an OFA must first file a formal 
expression of intent to file an offer by January 6, 2019, indicating 
the type of financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(1)(i).
    Following authorization for abandonment, 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 January 15, 2020.\1\
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    \1\ The filing fees for OFAs and trail use requests can be found 
at 49 CFR 1002.2(f)(25) and (27), respectively.
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    All pleadings, referring to Docket No. AB 290 (Sub-No. 406X), must 
be filed with the Surface Transportation Board either via e-filing or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on NSR's 
representatives, William A. Mullins and Crystal M. Zorbaugh, Baker & 
Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 
20037. Replies to the petition are due on or before January 15, 2020.
    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 regulations at 49 CFR part 1152.
    Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in 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 generally will be within 
30 days of its service.
    Board decisions and notices are available at www.stb.gov.


    Decided: December 17, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-27670 Filed 12-23-19; 8:45 am]
 BILLING CODE 4915-01-P