Jump to main content.

Yadkin Railroad Company--Abandonment Exemption--in Stanly County, NC; Norfolk Southern Railway Company--Discontinuance of Service Exemption--in Stanly County, NC]

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

 [Federal Register: November 14, 2006 (Volume 71, Number 219)]
[Notices]
[Page 66364-66365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no06-70]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 281X); STB Docket No. AB-290 (Sub-No. 270X)]

Yadkin Railroad Company--Abandonment Exemption--in Stanly County, 
NC; Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Stanly County, NC

    Yadkin Railroad Company (Yadkin) and Norfolk Southern Railway 
Company (NSR) (collectively, applicants), have jointly filed a notice 
of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service for Yadkin to abandon, and for NSR to 
discontinue service over, a 4.14-mile line of railroad between milepost 
N 27.50 in North Albemarle and milepost N 31.64 in Albemarle, Stanly 
County, NC. The line traverses United States Postal Service Zip Code 
28001. The line includes the former stations of North Albemarle and 
Albemarle.
    Applicants have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) any overhead traffic 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 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)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment and discontinuance 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 December 14, 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 
November 24, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 4, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \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 was 
increased to $1,300 effective on April 19, 2006. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served Mar. 20, 2006).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: James R. Paschall, Senior 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.
    Applicants have filed environmental and historic reports which 
address the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. SEA will issue an environmental 
assessment (EA) by November 17, 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

[[Page 66365]]

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), Yadkin 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 Yadkin's filing of a notice of 
consummation by November 14, 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.

    Decided: November 3, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-19036 Filed 11-13-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

Local Navigation

Jump to main content.