[Federal Register Volume 66, Number 244 (Wednesday, December 19, 2001)]
[Notices]
[Page 65530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31164]



[[Page 65530]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 231X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Fayette County, WV

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon a 1.75-mile line of railroad between milepost WL-0.0, at Oak 
Hill Jct., and milepost WL-1.75, at Oak Hill, in Fayette County, WV 
(line). The line traverses United States Postal Service Zip Code 25901.
    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 
18, 2002,\1\ 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 December 31, 
2001. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by January 8, 2002, with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423-0001.
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    \1\ NSR, in its verified notice filed on November 29, 2001, 
indicated a proposed consummation date of January 16, 2002. However, 
the earliest possible consummation date, based on the November 29, 
2001 filing date, is January 18, 2002. Applicant's representative 
has confirmed that the correct consummation date is January 18, 
2002.
    \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 (SEA) 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, 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 
21, 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 19, 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 web site at 
www.stb.dot.gov.

    Decided: December 11, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-31164 Filed 12-18-01; 8:45 am]
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