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

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 [Federal Register: June 8, 2006 (Volume 71, Number 110)]
[Notices]
[Page 33334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn06-102]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 266X)]

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

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to 
abandon approximately 3.5 miles of railroad between milepost SB 205.0 
and milepost SB 208.5, near Marion, in McDowell County, NC. The line 
traverses United States Postal Service Zip Code 28752.
    NSR 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 or with any 
U.S. District Court or has been decided in favor of complainant within 
the 2-year period; and (4) the requirements of 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 
(transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 
CFR 1152.50(d)(l) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employees 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 July 8, 2006, 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 
June 19, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 28, 2006, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.\3\
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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 the filing fee which as of 
April 19, 2006, is set at $1,300. See Regulations Governing Fees for 
Service Performed in Connection With Licensing and Related Services-
2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 
2006). See 49 CFR 1002.2(f)(25).
    \3\ On May 22, 2006, the City of Marion, NC filed a request for 
issuance of a notice of interim trail use and for imposition of a public 
use condition. The requests will be addressed in a separate decision.
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, Three Commercial Place, Norfolk, VA 
23510-2191.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by June 13, 
2006. 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) 565-1539. [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 June 8, 2007, 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: June 1, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-8851 Filed 6-7-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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