[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Notices]
[Pages 71738-71739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24390]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub- No. 271X)]
Norfolk Southern Railway Company--Abandonment Exemption--in
Wyoming and Genesee Counties, NY
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to
abandon a 4.50-mile line of railroad extending between milepost UG
360.20 at Alexander and milepost UG 364.70 at Attica, in Wyoming and
Genesee Counties, NY. The line traverses United States Postal Service
Zip Codes 14005 and 14011, and includes the stations of Alexander and
Attica.
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 reports), 49 CFR 1105.8 (historic reports), 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 January 17, 2008, unless stayed pending
reconsideration.\1\ Petitions to stay that do not involve environmental
issues,\2\ formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR
1152.29 must be filed by December 28, 2007. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by January 7, 2008, with the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001.
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\1\ By letter dated November 29, 2007, BP Rail Corporation D/B/A
BP Rail (BPR) advised the Board of its intent to file an offer of
financial assistance (OFA) to purchase the 4.50-mile line proposed
for abandonment. In the November 29 letter, BPR also requested that
NSR provide certain information regarding the line, including the
required minimum purchase price. BPR also requested that the Board
toll the 30-day period for submitting OFAs for an additional 60 days
in order to provide the offeror with an adequate opportunity to
receive, review and analyze the material provided by NSR and submit
its OFA. These requests will be handled in a separate decision.
\2\ 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.
\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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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 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 December
21, 2007. Interested persons may obtain a copy of the EA by writing to
SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-
0001) or by calling SEA, at (202) 245-0305. [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
[[Page 71739]]
consummation has not been effected by NSR's filing of a notice of
consummation by December 18, 2008, 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: December 7, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-24390 Filed 12-17-07; 8:45 am]
BILLING CODE 4915-01-P