[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24589-24590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11517]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 200X)]


Norfolk and Western Railway Company; Abandonment Exemption; in 
Dickenson and Buchanan Counties, VA

    Norfolk and Western Railway Company (NW) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to 
abandon 3.34 miles of its line of railroad between milepost CL-13.56 at 
Duty and milepost CL-16.90 at Clinchfield Coal in Dickenson and 
Buchanan Counties, VA.<SUP>1</SUP> The line traverses United States 
Postal Service Zip Codes 24217 and 24066.
---------------------------------------------------------------------------

    \1\ On April 23, 1998, NW informed the Board that the actual 
mileage for the line is 3.34 miles instead of 3.3 miles as stated in 
its verified notice.
---------------------------------------------------------------------------

    NW has certified that: (1) No local traffic has moved over the line 
for at least 2 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 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

[[Page 24590]]

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 June 3, 1998, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,<SUP>2</SUP> 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>3</SUP> and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by May 14, 1998. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 26, 1998, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 20423. 
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.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NW 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 May 8, 1998. 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), NW 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 NW's filing of a notice of consummation by May 4, 
1999, and there are no legal or regulatory barriers to consummation, 
the authority to abandon will automatically expire.

    Decided: April 23, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-11517 Filed 5-1-98; 8:45 am]
BILLING CODE 4915-00-P