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Norfolk Southern Railway Company--Abandonment Exemption-in Mecklenburg County, NC

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 [Federal Register: January 12, 2004 (Volume 69, Number 7)]
[Notices]
[Page 1781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja04-132]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 247X)]
 
Norfolk Southern Railway Company--Abandonment Exemption-in 
Mecklenburg County, NC

    On December 23, 2003, Norfolk Southern Railway Company (NSR) filed 
with the Board a petition under 49 U.S.C. 10502 for exemption from the 
provisions of 49 U.S.C. 10903-05 to abandon a segment at the end of its 
line of railroad known as the old R-Line. The 1.95-mile segment extends 
from Milepost old R-3.00 to Milepost old R-4.95, in Charlotte, 
Mecklenburg County, NC. The line traverses United States Postal Service 
ZIP Codes 28210 and 28217 and includes no stations.
    In addition to an exemption from 49 U.S.C. 10903, petitioner seeks 
exemption from 49 U.S.C. 10904 [offer of financial assistance (OFA) 
procedures]
and 49 U.S.C. 10905 [public use conditions]. In support, 
NSR states that the right-of-way has been conveyed to the City of 
Charlotte (City) for public purposes. As part of the transaction, NSR 
proposes to reclassify the track as industrial lead track, retain an 
easement over the reclassified track and enter into an operating 
agreement with the City, which will permit NSR to continue to provide 
rail service over the reclassified track. These requests will be 
addressed in the final decision.
    The line does not contain Federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by April 9, 2004.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 
days after service of a decision granting the petition for exemption, 
unless the Board grants the requested exemption from the OFA process. 
Each OFA must be accompanied by a $1,100 filing fee. See 49 CFR 
1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Unless the Board grants 
the requested exemption from the public use provisions, any request for 
a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than February 2, 
2004. Each trail use request must be accompanied by a $150 filing fee. 
See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 247X) and must be sent to: (1) Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) James R. 
Paschall, Norfolk Southern Corporation, Three Commerce Place, Norfolk, 
VA 23510. Replies to the petition are due on or before February 2, 
2004.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1539. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov. Exit Disclaimer

    Decided: January 6, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-564 Filed 1-9-04; 8:45 am]
BILLING CODE 4915-00-P

 
 

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