[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45890-45891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21359]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 314X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Latrobe, Westmoreland County, PA

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
2.04-mile line of railroad between milepost XN-0.00, and milepost XN0-
2.04, in Latrobe, Westmoreland County, PA. The line traverses United 
States Postal Service Zip Code 15650.
    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 report), 49 CFR 1105.8 
(historic report), 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 October 7, 2009, 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 
September 14, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 24, 2009, 
with: Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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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\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, Senior 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.
    NSR has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by September 11, 2009. Interested persons may obtain a copy of the EA 
by writing to SEA (Room 1100, Surface Transportation Board, Washington, 
DC 20423-0001) or by calling SEA, at (202) 245-0305. 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 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

[[Page 45891]]

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 September 
4, 2010, 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: August 31, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-21359 Filed 9-3-09; 8:45 am]
BILLING CODE 4915-01-P