[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Pages 47781-47782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23073]
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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-290 (Sub-No. 185X)]
Norfolk Southern Railway Company--Abandonment Exemption--in Des
Moines, Polk County, IA
Norfolk Southern Railway Company (NS) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
1.1 mile of its line of railroad between milepost SD-339.7 and SD-340.8
in Des Moines, Polk County, IA.
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
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NS has certified that: (1) no local traffic has moved over the line
for at least 2 years; (2) any overhead traffic on
[[Page 47782]]
the line has been rerouted; (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 1105.7 (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 use of 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 10, 1996, unless stayed pending reconsideration.
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 4 must be filed by September 20, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by September 30, 1996, with: Office of the Secretary, Case
Control Branch, Surface Transportation Board, 1201 Constitution Avenue,
N.W., Washington, DC 20423.
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\2\ TThe 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 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: James R. Paschall, 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.
NS has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by September 13, 1996. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: September 4, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23073 Filed 9-9-96; 8:45 am]
BILLING CODE 4915-00-P