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

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 [Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Notices]
[Page 66496-66497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-110]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 225X)]
 
Norfolk Southern Railway Company--Abandonment Exemption--in Pike 
County, KY

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
5.6 miles of its line of railroad between milepost HL-15.0 at Bane and 
milepost HL-20.6 at Levisa Spur, in Pike County, KY. The line traverses 
United States Postal Service Zip Code 41501.
    Applicant has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) any overhead traffic 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 shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91

[[Page 66497]]

(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 25, 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 7, 2002. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 15, 2002, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, NW, Washington, DC 20423.
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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 23510-2191.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicant has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment or historic 
resources. SEA will issue an environmental assessment (EA) by December 
31, 2001. 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) 565-1552. 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 26, 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 EPA Web Site.
    By the Board, David M. Konschnik, Director, Office of Proceedings.

    Decided: December 18, 2001.
Vernon A. Williams,
Secretary.
[FR Doc. 01-31645 Filed 12-21-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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