[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15336-15337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8465]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-290 (Sub-No. 181X)]
Norfolk and Western Railway Company--Abandonment Exemption--in
Pike County, KY
Norfolk and Western Railway Company (NW) filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
1.25 miles of its line of\11\ railroad between milepost MN-0.95 at
Nampa and milepost MN-2.20 at Pounding Mill, in Pike County, KY.2
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
\2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant in
its verified notice, indicated a proposed consummation date of May
3, 1996. Because the verified notice was not filed until March 18,
1996, however, consummation should have not been proposed to take
place prior to May 7, 1996. Applicant's representative has been
contacted and has confirmed that the correct consummation date is
May 7, 1996.
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NW has certified that: (1) no local traffic has moved over the line
for at least 2 years; (2) any overhead traffic on the line can be
rerouted; (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 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 use of 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 May 5, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.29 5 must be filed by April 15, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 25, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
\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 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C. 2d 164 (1987).
\5\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: James R. Paschall, Norfolk Southern
Corporation, Three Commercial Place, Norfolk, VA 23510.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
NW 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 April 10, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. Comments on environmental and
historic preservation matters must be filed
[[Page 15337]]
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.
Decided: March 28, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8465 Filed 4-4-96; 8:45 am]
BILLING CODE 4915-00-P
