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Norfolk Southern Railway Company--Discontinuance Exemption--in Mahoning County, OH

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 [Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Notices]
[Page 12261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr07-129]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 292X)]

Norfolk Southern Railway Company--Discontinuance Exemption--in
Mahoning County, OH

    Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service to discontinue service over a 15.70-mile
line of railroad between milepost RZ 20.20 near North Jackson and
milepost RZ 35.90 near Sebring, in Mahoning County, OH. The line
traverses United States Postal Service Zip Codes 44451, 44609, and
44672, and includes the stations of Ellsworth, Berlin Center, Berl,
Snodes, Ring, and N. Sebring.
    UP has certified that: (1) No traffic has moved over the line for
at least 2 years; (2) all overhead traffic has been 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
at 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 discontinuance of service 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 April 14, 2007, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues and formal
expressions of intent to file an OFA for continued rail service under
49 CFR 1152.27(c)(2),\1\ must be filed by March 26, 2007.\2\ Petitions
to reopen must be filed by April 4, 2007, with the Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an
abandonment, trail use/rail banking and public use conditions are
not appropriate. Likewise, no environmental or historical documentation
is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to NSR's
representative: James R. Paschall, Senior General Attorney, Norfolk
Southern Railway Company, Three Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov.

    Decided: February 28, 2007.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-4422 Filed 3-14-07; 8:45 am]
BILLING CODE 4915-01-P

 
 

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