[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Notices]
[Page 28188-28189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my08-112]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 299X); STB Docket No. AB-1024X]
Norfolk Southern Railway Company--Discontinuance of Service
Exemption--in Chesapeake, VA; Norfolk and Portsmouth Belt Line Railroad
Company--Discontinuance of Trackage Rights Exemption--in Chesapeake, VA
Norfolk Southern Railway Company (NSR) and Norfolk and Portsmouth
Belt Line Railroad Company (NPBL) \1\ (collectively, applicants) have
jointly filed a verified notice of exemption under 49 CFR part 1152
subpart F--Exempt Abandonments and Discontinuances of Service for NSR
to discontinue service over, and for NPBL to discontinue trackage
rights over, 0.90 miles of railroad between milepost NS 1.40 and
milepost NS 2.30, in Chesapeake, VA. The line traverses United States
Postal Service Zip Code 23324.
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\1\ NPBL is jointly owned by NSR and CSX Transportation, Inc.
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NSR and NPBL have 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 (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 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to these exemptions, any employee adversely affected
by the service discontinuance/discontinuance of trackage rights shall
be protected under Oregon Short Line R. Co.--Abandonment--Goshen, 360
I.C.C. 91 (1979). To address whether this
[[Page 28189]]
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, these exemptions will be
effective on June 14, 2008, 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),\2\ must be filed by May 27, 2008.\3\ Petitions to
reopen must be filed by June 4, 2008, with: Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001.
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\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
\3\ In discontinuance proceedings, 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
applicants' representatives: James R. Paschall, Three Commercial Place,
Norfolk, VA 23510, and James L. Chapman, IV, 1200 Bank of America
Center, One Commercial Place, Norfolk, VA 23510.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: May 6, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-10703 Filed 5-13-08; 8:45 am]
BILLING CODE 4915-01-P