[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25133-25134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11997]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 193X)]
Norfolk and Western Railway Company--Abandonment and
Discontinuance of Trackage Rights Exemption--in Waynesboro, VA
Norfolk and Western Railway Company (NW) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service and Trackage Rights to abandon a 0.14-mile
line of its railroad between Station 60+00 and Station 67+56 and for
discontinuance of trackage rights over a 1.12-mile line of CSX
Transportation, Inc. (CSXT), between Station 0+64 and Station 60+00 in
Waynesboro, VA. The line traverses United States Postal Service Zip
Code 22980.1
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\1\ CSXT received abandonment authority for the 1.12-mile
segment in The Chesapeake and Ohio Railway Company--Exemption--
Abandonment and Discontinuance of Trackage Rights in Waynesboro, VA,
AB-18 (Sub-No. 86X) (ICC served Dec. 16, 1986, subject to the
condition that CSXT not consummate the abandonment until NW receives
authority or an exemption to discontinue its trackage rights over
the CSXT line.
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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 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 and discontinuance 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 June 6, 1998, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking requests under 49
CFR 1152.29 must be filed by May 18, 1998. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by May 26, 1998, with: Surface Transportation Board, Office of the
Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
20423.
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\2\ 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.
\3\ 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.
NW has filed an environmental report which addresses the effects,
if any, of the abandonment and discontinuance on the environment and
historic resources. The Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by May 11, 1998. 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), NW shall file a
notice of consummation with the Board to signify that it has exercised
the authority granted abandoned its 0.14-mile line. Pursuant to the
same provisions, CSXT shall file a notice of consummation with the
Board to signify that it has exercised the authority granted to it to
fully consummate abandonment of its 1.12-
[[Page 25134]]
mile line now that NW has received an exemption to permit it to
discontinue trackage rights operation over CSXT's line. If consummation
has not been effected by NW's filing of a notice of consummation of
abandonment as to its line and by CSXT's filing of a notice of
consummation of abandonment as to its line by May 6, 1999, and there
are no legal or regulatory barriers to consummation, the authority to
abandon will automatically expire.4
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\4\ NW shall serve a copy of this notice on CSXT within 5 days
after its publication, and certify to the Board that it has done so.
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Decided: April 29, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-11997 Filed 5-5-98; 8:45 am]
BILLING CODE 4915-00-P
