[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Pages 32677-32678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15712]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 189X)]
Norfolk and Western Railway Company--Abandonment Exemption--in
McDowell County, WV
Norfolk and Western Railway Company (NW) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a
1.0-mile line of railroad between milepost NF-0.0 at Norfolk, and
milepost NF-1.0 at Buzzards Creek Junction, WV. The line traverses
United States Postal Service Zip Code 24868.
NW has certified that: (1) No local traffic has moved over the line
for at least 2 years; (2) there is no overhead traffic moving over the
line; (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
[[Page 32678]]
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 July 16, 1997, 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
1152.27(c)(2),2 and trail use/rail banking requests under 49
CFR 1152.29 3 must be filed by June 26, 1997. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by July 7, 1997, with: Surface Transportation Board, Office of
the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC
20423.
---------------------------------------------------------------------------
\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 $900. See 49 CFR
1002.2(f)(25).
\3\ The Board will accept late-filed trail use requests as long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
---------------------------------------------------------------------------
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
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by June 20, 1997. 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 and fully abandoned the line. If consummation has
not been effected by NW's filing of a notice of consummation by June
16, 1998, and there are no legal or regulatory barriers to
consummation, the authority to abandon will automatically expire.
Decided: June 9, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-15712 Filed 6-13-97; 8:45 am]
BILLING CODE 4915-00-P
