[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25133-25134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11997]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 193X)]


Norfolk and Western Railway Company--Abandonment and 
Discontinuance of Trackage Rights Exemption--in Waynesboro, VA

    Norfolk and Western Railway Company (NW) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service and Trackage Rights to abandon a 0.14-mile 
line of its railroad between Station 60+00 and Station 67+56 and for 
discontinuance of trackage rights over a 1.12-mile line of CSX 
Transportation, Inc. (CSXT), between Station 0+64 and Station 60+00 in 
Waynesboro, VA. The line traverses United States Postal Service Zip 
Code 22980.<SUP>1</SUP>
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    \1\ CSXT received abandonment authority for the 1.12-mile 
segment in The Chesapeake and Ohio Railway Company--Exemption--
Abandonment and Discontinuance of Trackage Rights in Waynesboro, VA, 
AB-18 (Sub-No. 86X) (ICC served Dec. 16, 1986, subject to the 
condition that CSXT not consummate the abandonment until NW receives 
authority or an exemption to discontinue its trackage rights over 
the CSXT line.
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    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 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 and discontinuance 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 6, 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 18, 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, N.W., Washington, DC 
20423.
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    \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).
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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.
    NW has filed an environmental report which addresses the effects, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by May 11, 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 abandoned its 0.14-mile line. Pursuant to the 
same provisions, CSXT shall file a notice of consummation with the 
Board to signify that it has exercised the authority granted to it to 
fully consummate abandonment of its 1.12-

[[Page 25134]]

mile line now that NW has received an exemption to permit it to 
discontinue trackage rights operation over CSXT's line. If consummation 
has not been effected by NW's filing of a notice of consummation of 
abandonment as to its line and by CSXT's filing of a notice of 
consummation of abandonment as to its line by May 6, 1999, and there 
are no legal or regulatory barriers to consummation, the authority to 
abandon will automatically expire.<SUP>4</SUP>
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    \4\ NW shall serve a copy of this notice on CSXT within 5 days 
after its publication, and certify to the Board that it has done so.

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    Decided: April 29, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-11997 Filed 5-5-98; 8:45 am]
BILLING CODE 4915-00-P