[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Notices]
[Pages 6720-6721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2805]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 249X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in McLean, Dewitt and Piatt Counties, IL

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 30.4-mile line 
of railroad between milepost UM-47.9 at or near Mansfield and milepost 
UM-78.3 at or near Bloomington, in McLean, Dewitt and

[[Page 6721]]

Piatt Counties, IL.\1\ The line traverses United States Postal Service 
Zip Codes 61701, 61702, 61704, 61709, 61710, 61736, 61752, 61791, 
61799, 61842, and 61854.
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    \1\ By letter filed January 27, 2004, NSR clarified that it does 
not seek exemption from the requirements of 49 U.S.C. 10904 or 49 
U.S.C. 10905. The notice of exemption covers only an exemption from 
the requirements of 49 U.S.C. 10903.
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    NSR has certified that: (1) No 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 1105.12 (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 March 12, 2004, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\2\ must be filed by February 23, 2004.\3\ 
Petitions to reopen must be filed by March 2, 2004, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1,100. See 49 CFR 
1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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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 
Corporation, 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: February 4, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-2805 Filed 2-10-04; 8:45 am]
BILLING CODE 4915-00-P