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[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Notices]
[Page 69682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26377]

[[Page 69682]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 258X)]

Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Norfolk and Virginia Beach, VA

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 13.71-mile 
rail line between milepost VB 1.75 at Tidewater Junction in the City of 
Norfolk and milepost VB 15.46 at Oldfield in the City of Virginia 
Beach, VA. The line traverses United States Postal Service ZIP Codes 
23502, 23504, 23451, 23452, 23454 and 23462.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years; (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 1105.11 (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 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 December 30, 2004,\1\ unless stayed pending 
reconsideration. Petitions to stay and formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\2\ must be filed by December 
10, 2004. Petitions to reopen must be filed by December 20, 2004, with: 
Surface Transportation Board, 1925 K Street NW., Washington, DC 20423-
0001.
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    \1\ Because this is a discontinuance of service proceeding and 
not an abandonment, there is no need to provide an opportunity for 
trail use/rail banking or public use condition requests. Likewise, 
no environmental or historic documentation is required under 49 CFR 
1105.6(c)(6) and 1105.8.
    \2\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees and 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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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, General Attorney, 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.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 23, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-26377 Filed 11-29-04; 8:45 am]
BILLING CODE 4915-01-P
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