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Norfolk Southern Railway Company--Adverse Abandonment--St. Joseph County, IN

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 [Federal Register: December 11, 2006 (Volume 71, Number 237)]
[Notices]
[Page 71609-71610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de06-85]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 286)]

Norfolk Southern Railway Company--Adverse Abandonment--St. Joseph
County, IN

    On November 21, 2006, the City of South Bend, IN (the City), the
Brothers of Holy Cross, Inc. (the Brothers), and the Sisters of the
Holy Cross, Inc. (the Sisters) (collectively, applicants), filed an
application under 49 U.S.C. 10903, requesting that the Surface
Transportation Board authorize the third-party or adverse abandonment
of approximately 3.7 miles of railroad lines (the Lines) owned by
Norfolk Southern Railway Company (NSR).\1\ The Lines are located
between milepost UV 0.0 and milepost UV 2.8 and between milepost Z0 9.6
and milepost Z0 10.5, and include an industrial spur that extends from
milepost Z0 9.6 to the University of Notre Dame (the University), all
in St. Joseph County, IN. The Lines traverse United States Postal
Service Zip Codes 46601, 46616, 46617, 46628, 46629, and 46556 and
include no stations.
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    \1\ The Chicago, Lake Shore and South Bend Railway Company
(CLS&SB) filed a petition to reject applicants' notice of intent to
file this adverse abandonment application on November 13, 2006, and
applicants filed a reply on November 16, 2006. Applicants filed this
adverse abandonment application on November 21, 2006, and CLS&SB
filed a petition to reject the application on December 4, 2006. A
ruling on the petitions to reject will be made in a separate decision.
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    According to applicants, the Lines traverse properties owned by the
Brothers and the Sisters. The Brothers' property is the site of Holy
Cross College, Holy Cross Village (a retirement community), and other
improvements and uses furthering the Brothers' charitable mission. The
Sisters' property is the site of a motherhouse, the international
headquarters of the Congregation of the Sisters of the Holy Cross, and
the Inn at St. Mary's, and it is adjacent to St. Mary's College, which
the Sisters sponsor.
    Applicants state that there has been no rail service or requests
for service on the Lines for at least 10 years and claim that there is
no foreseeable need for rail service. Additionally, applicants claim
that sections of the Lines have been paved over and removed at numerous
locations and that the Lines are physically severed from the national
rail system as a result of previous abandonments.\2\
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    \2\ See Conrail Abandonment in South Bend Between Milepost 10.5
and Milepost 11.8, St. Joseph County, IN, Docket No. AB-167 (Sub-No.
407N) (ICC served Apr. 22, 1982) and Conrail Abandonment in Berrien
County, MI and St. Joseph County, IN, Docket No. AB-167 (Sub-No.
672N) (ICC served Aug. 31, 1984).
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    Applicants state that the line between milepost UV 0.0 and milepost
UV 2.8 crosses 17 streets in the City, two of which carry significant
vehicular traffic, creating a public nuisance and significant safety
and environmental concerns. They add that the City plans to acquire or
condemn the portion of the right-of-way within its jurisdiction for
public use in the form of a sewer system and a trail. Additionally,
applicants claim that a portion of that line and of the line between
milepost Z0 9.6 and milepost Z0 10.5 are adversely affecting the
Brothers' ability to plan for the future because they run through the
heart of its property. The Brothers and the Sisters also assert a claim
under Indiana law to a reversionary interest in this section of the
right-of-way.
    In a decision served in this proceeding on October 26, 2006,
applicants were granted waivers from some of the requirements of the
Board's regulations at 49 CFR 1152 that were not relevant to their
adverse abandonment application or that sought information not
available to them. Specifically, applicants were granted a fee waiver;
waivers from the notice requirements at 49 CFR 1152.20(a)(2)(i) and
(2)(xii), 49 CFR 1152.20(a)(3), and 49 CFR 1152.21; waivers from the
application requirements at 49 CFR 1152.10-14, 49 CFR 1152.22(a)(5),
(b)-(d), and (i), and 49 CFR 1152.24(e)(1); and waivers from the offer
of financial assistance (OFA) and public use procedures at 49 CFR
1152.27-28.
    Based on the information in their possession, applicants state that
the Lines do not contain any federally granted rights-of-way. Any
documentation in applicants' possession will be made available promptly
to those requesting it. Applicants state that they filed their entire
case for abandonment with their application.
    NSR has no employees on the Lines. Accordingly, there are no
railroad employee interests that require labor protection.
    Any interested person may file written comments concerning the
proposed abandonment or protests (including the protestant's entire
opposition case) by January 5, 2007. Applicants' reply is due on
January 22, 2007. Because this is an adverse abandonment proceeding,
OFA's and public use requests are not appropriate and will not be
entertained.
    The Board has not yet had occasion to decide whether the issuance
of a certificate of interim trail use in an adverse abandonment would
be consistent with the grant of such an application. Accordingly, any
request for a trail use condition under 16 U.S.C. 1247(d) (49 CFR
1152.29) must be filed by January 5, 2007, and should address that
issue. Each trail use request must be accompanied by a $200 filing fee.
See 49 CFR 1002.2(f)(27).
    Persons opposing the proposed adverse abandonment who wish to
participate actively and fully in the

[[Page 71610]]

process should file a protest. Persons who may oppose the abandonment
but who do not wish to participate fully in the process by submitting
verified statements of witnesses containing detailed evidence should
file comments. Persons seeking information concerning the filing of
protests should refer to 49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No.
AB-290 (Sub-No. 286) and must be sent to: (1) Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001; and (2) Richard
H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900,
Washington, DC 20006-4657. Filings may be submitted either via the
Board's e-filing format or in the traditional paper format. Any person
using e-filing should comply with the instructions found on the Board's
http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any person
submitting a filing in the traditional paper format should send the
original and 10 copies of the filing to the Board with a certificate of
service. Except as otherwise set forth in 49 CFR 1152, every document
filed with the Board must be served on all parties to this adverse
abandonment proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary) prepared by Board's Section of Environmental
Analysis (SEA) will be served upon all parties of record and upon any
agencies or other persons who commented during its preparation. Any
other persons who would like to obtain a copy of the EA (or EIS) may
contact SEA. EAs in abandonment or discontinuance proceedings normally
will be made available within 33 days of the filing of the application.
The deadline for submission of comments on the EA will generally be
within 30 days of its service. The comments received will be addressed
in the Board's decision. A supplemental EA or EIS may be issued where
appropriate.
    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/discontinuance regulations at
49 CFR 1152. Questions concerning environmental issues may be directed
to SEA at (202) 565-1539. [Assistance for the hearing impaired is
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov.

    Decided: December 5, 2006.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-21002 Filed 12-8-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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