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Norfolk Southern Railway Company--Abandonment Exemption--Between Williamson and Cinderella, in Mingo County, WV

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 [Federal Register: January 9, 2003 (Volume 68, Number 6)]
[Notices]
[Page 1215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja03-77]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 215X)]

 
Norfolk Southern Railway Company--Abandonment Exemption--Between 
Williamson and Cinderella, in Mingo County, WV

    The Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon a 
2.5-mile line of railroad between milepost FG-0.0 at Williamson and 
milepost FG-2.5 at Cinderella, in Mingo County, WV. The line traverses 
United States Postal Service Zip Code 25661.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no overhead traffic on 
the line for at least 2 years; (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 
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 February 
8, 2003,\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 January 17, 
2003. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by January 29, 2003, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ NSR initially proposed a consummation date of February 6, 
2003. NSR's representative has subsequently acknowledged that 
consummation cannot occur before February 8, 2003, based on the 
December 20, 2002 filing date of the notice of exemption. See 49 CFR 
1152.50(d)(2).
    \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 OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, 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 
14, 2003. 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. (Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.) 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 January 9, 2004, 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 http://www.stb.dot.gov Exit Disclaimer
.

    Decided: January 2, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-395 Filed 1-8-03; 8:45 am]
BILLING CODE 4915-00-P

 
 

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