Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 66015

2NYCH does not own the tracks and facilities or

the underlying land; rather it leases the tracks and

facilities from the City. NYCEDC contends that

NYCH has breached its lease by violating local fire

codes and state and Federal environmental law. In

its Combined Environmental and Historic Report,

NYCEDC indicates that the tracks and facilities will

continue to be used for rail purposes because of the

planned re-development and expansion of the

adjacent maritime terminals in order to promote

water to rail movement of cargo.

3 In a decision served in this proceeding on

December 3, 2001, NYCEDC was granted a waiver

from many of the filing requirements of the Board’s

abandonment regulations at 49 CFR 1152 that were

found to be not relevant to NYCEDC’s adverse

abandonment application. On December 10, 2001,

NYCEDC filed a supplement to its application to

address the requirements not waived in the

December 3 decision. The supplement is accepted

for filing.

1NSR notes that authority to discontinue

operations on the line was granted by the former

Interstate Commerce Commission. See Norfolk and

Western Railway Company-Discontinuance

Exemption-in Wise County, VA, Docket No. AB 290

(Sub-No. 98X) (ICC served July 16, 1990).

(Board) authorize the abandonment by

New York Cross Harbor Railroad, Inc.

(NYCH), of the Bush Terminal Yard (a/

k/a ‘‘First Avenue Yard’’) and the

Harborside Industrial Center (a/k/a

‘‘Brooklyn Army Terminal’’) (jointly the

Tracks and Facilities), in New York,

Kings County, NY. The line traverses

United States Postal Service ZIP Codes

11232 and 11220. There is no indication

that there are stations on the line.

NYCEDC maintains that NYCH has

caused and will continue to cause

significant environmental damage to the

tracks and facilities by dumping

chemicals and pesticides used in the

operation and maintenance of a railroad.

NYCEDC indicates that it filed the

adverse abandonment application so

that it could proceed with plans to bring

suit in state court to evict NYCH from

the tracks and facilities.2 NYCEDC also

claims that NYCH has incurred

$20,107.61 in late fees since July 1995.

In an application by a third party for

a determination that the public

convenience and necessity permits

service over a line to be discontinued or

abandoned, the issue before the Board is

whether the public interest requires that

the line in question be retained as part

of the national rail system. By granting

a third party application, the Board

withdraws its primary jurisdiction over

the line. Questions of the disposition of

the line, including the adjudication of

various claims of ownership or other

rights and obligations, are then left to

state or local authorities. See Kansas

City Pub. Ser. Frgt. Operations

Exempt.—Aban., 7 I.C.C.2d 216, 224–26

(1990).

NYCEDC states that, to the best of its

knowledge, the line does not contain

any federally granted rights-of-way. Any

documentation in NYCEDC’s possession

will be made available promptly to

those requesting it. The applicant’s

entire case for abandonment was filed

with the application.3

The interests of railroad employees

will be protected by the conditions set

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979).

Any interested person may file

written comments concerning the

proposed abandonment or protests

(including protestant’s entire opposition

case ) by January 18, 2002. Applicant’s

reply is due on February 4, 2002.

Because the line is publicly owned and

is expected to remain in rail service

under some new arrangement, trail use/

rail banking, and public use requests are

not appropriate. In light of the proposed

eviction and subsequent resumption of

rail service, offers of financial assistance

to acquire or subsidize service on the

line are not required by the public

interest and will not be entertained in

this proceeding.

Persons opposing the abandonment

who wish to participate actively and

fully in the process should file a protest.

Persons who may oppose the

abandonment but who do not wish to

participate fully in the process by

submitting verified statements of

witnesses containing detailed evidence

should file comments. Persons seeking

information concerning the filing of

protests should refer to 49 CFR 1152.25.

All filings in response to this notice

must refer to STB Docket No. AB–596

and must be sent to: (1) Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423–

0001; and (2) Charles A. Spitulnik and

Alex Menendez, One Massachusetts

Ave, NW, Suite 800, Washington, DC

20001. The original and 10 copies of all

comments or protests shall be filed with

the Board with a certificate of service.

Except as otherwise set forth in part

1152, every document filed with the

Board must be served on all parties to

the abandonment or discontinuance

proceeding. 49 CFR 1104.12(a).

Persons seeking further information

concerning abandonment procedures

may contact the Board’s Office of Public

Services at (202) 565–1592 or refer to

the full abandonment or discontinuance

regulations at 49 CFR 1152. Questions

concerning environmental issues may

be directed to the Board’s Section of

Environmental Analysis (SEA) at (202)

545–1552. [TDD for the hearing

impaired is available at 1–800–877–

8339.]

An environmental assessment (EA) (or

environmental impact statement (EIS), if

necessary) prepared by SEA will be

served upon all parties of record and

upon any agencies or other persons who

commented during its preparation.

Other interested persons may contact

SEA to obtain a copy of the EA (or EIS).

EAs in abandonment or discontinuance

proceedings normally will be made

available within 33 days of the filing of

the application. The deadline for

submission of comments on the EA will

generally be within 30 days of its

service. The comments received will be

addressed in the Board’s decision. A

supplemental EA or EIS may be issued

where appropriate.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: December 14, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–31504 Filed 12–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–290 (Sub–No. 221X)]

Norfolk Southern Railway Company—

Abandonment Exemption—in Wise

County, VA

Norfolk Southern Railway Company

(NSR) has filed a verified notice of

exemption under 49 CFR 1152 Subpart

F—Exempt Abandonments to abandon a

0.9-mile line of railroad between

milepost RC–0.0, at Russell Creek, and

milepost RC–0.9, at Caledonia, in Wise

County, VA (line).1 The line traverses

United States Postal Service Zip Code

24293.

Applicant has certified that: (1) no

local or overhead traffic has moved over

the line for at least 2 years; (2) any

overhead traffic, if there is any, 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 agency acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board (Board) or

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.

66016 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices

2The 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 Outof-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.

3Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1,000. See 49 CFR 1002.2(f)(25).

1The 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 Outof-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.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

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 January 23, 2002, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,2 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),3 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by January 3,

2002. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by January 14,

2002, with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423–0001.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: James R. Paschall, Esq.,

Norfolk Southern Corporation, Three

Commercial Place, Norfolk, VA 23510. If

the verified notice contains false or

misleading information, the exemption

is void ab initio.

Applicant has filed a separate

environmental report which addresses

the abandonment’s effects, if any, on the

environment and historic resources.

SEA will issue an environmental

assessment (EA) by December 28, 2001.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423–0001) or by

calling SEA, at (202) 565–1552.

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

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 December 21, 2002,

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 website at

www.stb.dot.gov.

Decided: December 10, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–30919 Filed 12–20–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–290 (Sub–No. 226X)]

Norfolk Southern Railway Company—

Abandonment Exemption in Mingo

County, WV, and Pike County, KY

Norfolk Southern Railway Company

(NSR) has filed a verified notice of

exemption under 49 CFR 1152

Subpart—Exempt Abandonments to

abandon a 2.28-mile line of railroad

between milepost CR–0.0, at Cedar,

Mingo County, WV, and milepost CR–

2.28, at Majestic, Pike County, KY (line).

The line traverses United States Postal

Service Zip Codes 25676, in the State of

West Virginia, and 41547, in the State

of Kentucky.

Applicant has certified that: (1) No

local or overhead traffic has moved over

the line for at least 2 years; (2) any

overhead traffic, if there is any, 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 agency acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board (Board) or

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 January 24, 2002, 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 January 3,

2002. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by January 14,

2002, with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423–0001.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: James R. Paschall, Esq.,

Norfolk Southern Corporation, Three

Commercial Place, Norfolk, VA 23510. If

the verified notice contains false or

misleading information, the exemption

is void ab initio.

Applicant has filed a separate

environmental report which addresses

the abandonment’s effects, if any, on the

environment and historic resources.

SEA will issue an environmental

assessment (EA) by December 28, 2001.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423–0001) or by

calling SEA, at (202) 565–1552.

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

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