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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91868-91869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26975]

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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 417X)]

Norfolk Southern Railway Company--Abandonment Exemption--in Mingo 
County, W. Va.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152, subpart F--Exempt Abandonments to 
abandon an approximately 3.5-mile rail line (the Alma Branch) extending 
from milepost AL 0.0 +/- at or near Sprigg, W. Va., to milepost AL 3.5 
+/- at or near Vimy, W. Va., in the vicinity of Matewan, Mingo County, 
W. Va. (the Line).\1\ The Line traverses U.S. Postal Service Zip Codes 
25661 and 25678.
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    \1\ On November 13, 2024, NSR filed an errata to its verified 
notice of exemption to correct a discrepancy regarding the mileposts 
of the Line.
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    NSR has certified that: (1) no local freight traffic has moved over 
the Line during the past two years; (2) any overhead traffic on the 
Line 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 
on behalf of such user) regarding cessation of service over the Line is 
pending with either the Surface Transportation Board (Board) or any 
U.S. District Court or has been decided in favor of a complainant 
within the two-year period; and (4) the requirements at 49 CFR 
1105.7(b) and 1105.8(c) (notice of environmental and historic reports), 
49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) 
(notice to government agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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,\2\ this exemption will be 
effective on December 20, 2024, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues must be 
filed by November 29,

[[Page 91869]]

2024.\3\ Formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2) and interim trail use/railbanking requests under 49 CFR 
1152.29 must be filed by December 2, 2024.\4\ Petitions to reopen and 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by December 10, 2024.
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    \2\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    All pleadings, referring to Docket No. AB 290 (Sub-No. 417X), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423. In addition, a copy of each pleading must be 
served on NSR's representative, William A. Mullins, Mullins Law Group 
PLLC, 2001 L St. NW, Suite 720, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by November 25, 2024. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0294. If you require an 
accommodation under the Americans with Disabilities Act, please call 
(202) 245-0245. Comments on environmental or historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.
    Environmental, historic preservation, public use, or trail use/
railbanking 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 20, 2025, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: November 14, 2024.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2024-26975 Filed 11-19-24; 8:45 am]
BILLING CODE 4915-01-P
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