69682 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Notices 

1Because 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.

2Effective 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).

1The 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 Outof-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.

2Effective 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).

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.

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

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.

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 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Notices 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