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

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

 [Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]
[Page 56585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-162]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 275X)]
 
Norfolk Southern Railway Company--Abandonment Exemption--in 
Gaston County, NC

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to 
abandon a 2.0-mile line of railroad between milepost HG 45.0 and 
milepost 47.0 in Gastonia, in Gaston County, NC. The line traverses 
United States Postal Service Zip Codes 28052, 28054, and 28056 and 
includes the former station of North Gastonia.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years and overhead traffic, if there were any, 
could 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)(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 October 27, 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 
October 10, 2006.\3\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 17, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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 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).
    \3\ NSR states that the City of Gastonia (the City) is 
interested in acquiring a 1.8-mile segment of the right-of-way 
between milepost HG 45.0 and milepost 46.8 for interim trail use 
under the National Trails System Act and for the creation of a 
greenway. NSR indicates that it is agreeable to conveying this 
segment to the City.
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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 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 October 
2, 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 September 27, 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: September 18, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-8167 Filed 9-26-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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