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Norfolk Southern Railway Company--Abandonment Exemption in Mingo County, WV, and Pike County, KY

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 [Federal Register: December 21, 2001 (Volume 66, Number 246)]
[Notices]
[Page 66016-66017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de01-138]

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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.
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    \1\ 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.
    \2\ 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 
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

[[Page 66017]]

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. Exit E.P.A.

    Decided: December 14, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-31505 Filed 12-20-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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