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Norfolk Southern Railway Company--Abandonment Exemption--in Buchanan County, VA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: December 31, 2001 (Volume 66, Number 250)]
[Notices]
[Page 67628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de01-95]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 218X)]
 
Norfolk Southern Railway Company--Abandonment Exemption--in 
Buchanan County, VA

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
0.63-mile line of railroad between milepost KP-0.0 and KP-0.63 at Kopp, 
Buchanan County, VA. The line traverses United States Postal ZIP Code 
24066.
    NSR has certified that: (1) No local or overhead traffic has moved 
over the line for at least 2 years; (2) any overhead traffic that might 
have moved 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 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 
30, 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 10, 2002. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by January 22, 2002, with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., 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 OFA must be accompanied by a $1000 filing fee. 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.
    NSR 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 January 
10, 2002. 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, historical preservation, public use, or trail use/
rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.
    Pursuant to 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 31, 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 19, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-32010 Filed 12-28-01; 8:45 am]
BILLING CODE 4915-00-P

 
 

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