[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Notices]
[Pages 11530-11531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5486]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 204X)]
Norfolk Southern Railway Company--Abandonment Exemption--in
Mecklenburg County, NC
Norfolk Southern Railway Company (NS) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
2.87 miles of its line of railroad between milepost R-O.13 and milepost
R-3.0 in Charlotte, Mecklenburg County, NC. The line traverses United
States Postal Service Zip Codes 28209 and 28227.
NS has certified that: (1) no local traffic has moved over the line
for at least 2 years; (2) there has been no overhead traffic on the
line during the past 2 years and any overhead traffic 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 reports), 49 CFR 1105.8 (historic reports), 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 April 8,
1999, unless stayed pending reconsideration. Petitions to stay that do
not involve environmental issues,1 formal expressions of
intent to file an OFA under 49 CFR
[[Page 11531]]
1152.27(c)(2),2 and trail use/rail banking requests under 49
CFR 1152.29 must be filed by March 19, 1999. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by March 29, 1999, with: Surface Transportation Board, Office of the
Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
20423.
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\1\ 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 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.
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: James R. Paschall, 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.
NS has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 12, 1999. Interested persons may
obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board, Washington, DC 20423) or by calling SEA, at (202)
565-1545. 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), NS 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 NS's filing of a notice of consummation by March
9, 2000, 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 website at
``WWW.STB.DOT.GOV.''
Decided: March 2, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-5486 Filed 3-8-99; 8:45 am]
BILLING CODE 4915-00-P
