[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Notices]
[Pages 69682-69683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26145]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 250X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Champaign County, IL

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 0.18-mile line of railroad extending between 
approximately milepost UM 28.50 and milepost UM 28.68 in Urbana, 
Champaign County, IL. The line traverses United States Postal Service 
ZIP Codes 61801, 61802, and 61803.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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 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 December 30, 2004, 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 must be filed by 
December 10, 2004.
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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 (SEA) 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\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees for Services 
Performed in Connection with Licensing and Related Services--2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
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    Petitions to reopen or requests for public use conditions under 49 
CFR 1152.28 must be filed by December 20, 2004, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, Norfolk Southern Railway Company, 
Three Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by December 3, 2004. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling SEA, at (202) 565-1539. (Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.) Comments on environmental and historic preservation 
matters must be filed within 15 days

[[Page 69683]]

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), NSR 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 NSR's filing of a notice of 
consummation by November 30, 2005, 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 Web site at http://www.stb.dot.gov.

    Decided: November 18, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-26145 Filed 11-29-04; 8:45 am]
BILLING CODE 4915-01-P