[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 53057-53058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27027]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 191X)]


Interstate Railroad Company--Abandonment Exemption--in Wise 
County, VA

    Interstate Railroad Company (Interstate) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
2.6-mile line of its railroad between milepost D-0.0 at Dorchester 
Junction and milepost D-2.6 at Dorchester, in Wise County, VA. The line 
traverses

[[Page 53058]]

United States Postal Service Zip Code 24293.
    Interstate has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) there is no overhead traffic moving 
over the line; (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 1105.7 (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 November 
9, 1997, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,<SUP>1</SUP> formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),<SUP>2</SUP> and trail 
use/rail banking requests under 49 CFR 1152.29 must be filed by October 
20, 1997. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by October 30, 1997, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423.
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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 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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant'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.
    Interstate has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by October 15, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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), Interstate 
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 Interstate's filing of a notice 
of consummation by October 10, 1998, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.

    Decided: October 6, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27027 Filed 10-9-97; 8:45 am]
BILLING CODE 4915-00-P