80 FR 38511 - Norfolk Southern Railway Company-Abandonment, Discontinuance of Trackage Rights and Discontinuance of Service-in Cleveland and Rutherford Counties, NC, and Cherokee County, SC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range		38511-38512
FR Document		2015-16451

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38511-38512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16451]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 327X)]


Norfolk Southern Railway Company--Abandonment, Discontinuance of 
Trackage Rights and Discontinuance of Service--in Cleveland and 
Rutherford Counties, NC, and Cherokee County, SC

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuance of Service for NSR to abandon and discontinue trackage 
rights and service as follows: (1) NSR will abandon approximately 11.85 
miles of rail line, consisting of two line segments, one of which is 
located between milepost SB 144.55 and milepost SB 154.50 and the other 
between milepost SB 158.10 and milepost SB 160.00; (2) NSR will 
discontinue trackage rights granted to it by CSX Transportation, Inc. 
(CSXT) over approximately 22.8 miles of CSXT track, located between 
milepost SF 384.6 and milepost SF 407.4; \1\ and (3) NSR will 
discontinue service over approximately 3.20 miles of rail line, 
extending between milepost SB 144.55 and milepost SB 141.35 
(collectively, the Line).\2\ The Line traverses United States Postal 
Service Zip Codes 28073, 28152, 28150, 28089, 28114, 28040, 28018, 
28043, and 29702.
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    \1\ The CSXT track over which NSR has trackage rights connects 
the two line segments that NSR seeks to abandon.
    \2\ NSR states that, although there are different line segments 
involved, it operates over them as if they were a single line.
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    NSR has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic has moved over the 
Line for at least two years and that overhead traffic, if there were 
any, could be rerouted over other lines; (3) no formal complaint has 
been 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, and no such complaint is either 
pending with the Surface Transportation Board (Board) or with any U.S. 
District Court or has been decided in favor of a complainant within the 
two-year period; and (4) the requirements at 49 CFR 1105.7(c) 
(environmental 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 or discontinuance shall be protected under Oregon 
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 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 August 5, 2015, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 16, 2015. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 27, 2015, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.\5\
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    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \5\ NSR states that it may not have title to the entire right-
of-way underlying the rail line segments proposed for abandonment, 
which could limit the availability of the corridor for other public 
purposes.
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment and discontinuance on 
the environment and historic resources. OEA will issue an environmental 
assessment (EA) by July 10, 2015. Interested persons may obtain a copy 
of the EA by writing to OEA (Room 1100, Surface Transportation Board, 
Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service at (800) 877-8339. Comments on environmental 
and historic preservation matters must be

[[Page 38512]]

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 authority granted and fully abandoned the Line. If 
consummation has not been effected by NSR's filing of a notice of 
consummation by July 6, 2016, 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 
WWW.STB.DOT.GOV.

    Decided: June 26, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-16451 Filed 7-2-15; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38511

pipeline, transmission lines, recreation, DEPARTMENT OF TRANSPORTATION abandonment or discontinuance shall be
etc.). Such requests are governed by 49 protected under Oregon Short Line
U.S.C. 10905 and 49 CFR 1152.28. Surface Transportation Board Railroad—Abandonment Portion
Feeder Line Application. When a line [Docket No. AB 290 (Sub-No. 327X)] Goshen Branch Between Firth &
has been identified on a railroad’s Ammon, in Bingham & Bonneville
system diagram map as a potential Norfolk Southern Railway Company— Counties, Idaho, 360 I.C.C. 91 (1979). To
candidate for abandonment (or Abandonment, Discontinuance of address whether this condition
discontinuance), but before Trackage Rights and Discontinuance adequately protects affected employees,
abandonment (or discontinuance) of Service—in Cleveland and a petition for partial revocation under
authority has been sought, any Rutherford Counties, NC, and 49 U.S.C. 10502(d) must be filed.
financially responsible person (other Cherokee County, SC Provided no formal expression of
than a Class I or II railroad) may, by intent to file an offer of financial
Norfolk Southern Railway Company assistance (OFA) has been received, this
filing a feeder line application under 49 (NSR) has filed a verified notice of
U.S.C. 10907 and 49 CFR 1151, seek to exemption will be effective on August 5,
exemption under 49 CFR pt. 1152 2015, unless stayed pending
acquire the line for continued rail subpart F—Exempt Abandonments and
service under the forced sale provisions reconsideration. Petitions to stay that do
Discontinuance of Service for NSR to not involve environmental issues,3
of the feeder railroad development abandon and discontinue trackage rights
program. formal expressions of intent to file an
and service as follows: (1) NSR will OFA under 49 CFR 1152.27(c)(2),4 and
Trail-Use Request. The Trails Act abandon approximately 11.85 miles of trail use/rail banking requests under 49
provides a mechanism whereby any rail line, consisting of two line CFR 1152.29 must be filed by July 16,
interested person may seek to segments, one of which is located 2015. Petitions to reopen or requests for
‘‘railbank’’ a rail right-of-way that has between milepost SB 144.55 and public use conditions under 49 CFR
been approved for abandonment and milepost SB 154.50 and the other 1152.28 must be filed by July 27, 2015,
use the property in the interim as a between milepost SB 158.10 and with the Surface Transportation Board,
recreational trail. The Board has a milepost SB 160.00; (2) NSR will 395 E Street SW., Washington, DC
ministerial role in this process; under 49 discontinue trackage rights granted to it 20423–0001.5
CFR 1152.29, interested persons may by CSX Transportation, Inc. (CSXT) over A copy of any petition filed with the
submit a request to the Board for a trail- approximately 22.8 miles of CSXT track, Board should be sent to NSR’s
use condition, and if the statutory located between milepost SF 384.6 and representative: William A. Mullins,
conditions are met, the Board must milepost SF 407.4; 1 and (3) NSR will Baker & Miller PLLC, 2401 Pennsylvania
authorize the parties to negotiate a trail- discontinue service over approximately Ave. NW., Suite 300, Washington, DC
use agreement by issuing a CITU, or, in 3.20 miles of rail line, extending 20037.
an exemption proceeding, a NITU. The between milepost SB 144.55 and If the verified notice contains false or
CITU or NITU typically permit milepost SB 141.35 (collectively, the misleading information, the exemption
negotiations for 180 days, but the Line).2 The Line traverses United States is void ab initio.
negotiations can be extended upon Postal Service Zip Codes 28073, 28152, NSR has filed a combined
request to the Board. Under the Trails 28150, 28089, 28114, 28040, 28018, environmental and historic report that
Act, trail-use agreements are 28043, and 29702. addresses the effects, if any, of the
consensual, not forced. The abandoning NSR has certified that: (1) No local abandonment and discontinuance on
railroad is free to choose whether or not traffic has moved over the Line for at the environment and historic resources.
to enter into or continue negotiations to least two years; (2) no overhead traffic OEA will issue an environmental
transfer (all or part of) the right-of-way has moved over the Line for at least two assessment (EA) by July 10, 2015.
to a trail sponsor. years and that overhead traffic, if there Interested persons may obtain a copy of
Under the PRA, a Federal agency were any, could be rerouted over other the EA by writing to OEA (Room 1100,
conducting or sponsoring a collection of lines; (3) no formal complaint has been Surface Transportation Board,
information must display a currently filed by a user of rail service on the Line Washington, DC 20423–0001) or by
valid OMB control number. A collection (or by a state or local government entity calling OEA at (202) 245–0305.
of information, which is defined in 44 acting on behalf of such user) regarding Assistance for the hearing impaired is
U.S.C. 3502(3) and 5 CFR 1320.3(c), cessation of service over the Line, and available through the Federal
includes agency requirements that no such complaint is either pending Information Relay Service at (800) 877–
persons submit reports, keep records, or with the Surface Transportation Board 8339. Comments on environmental and
provide information to the agency, third (Board) or with any U.S. District Court historic preservation matters must be
parties, or the public. Under or has been decided in favor of a
§ 3506(c)(2)(A) of the PRA, Federal complainant within the two-year period; 3 The Board will grant a stay if an informed

agencies are required to provide, prior and (4) the requirements at 49 CFR decision on environmental issues (whether raised
1105.7(c) (environmental report), 49 by a party or by the Board’s Office of Environmental
to an agency’s submitting a collection to Analysis (OEA) in its independent investigation)
OMB for approval, a 60-day notice and CFR 1105.11 (transmittal letter), 49 CFR cannot be made before the exemption’s effective
comment period through publication in 1105.12 (newspaper publication), and date. See Exemption of Out-of-Serv. Rail Lines, 5
the Federal Register concerning each 49 CFR 1152.50(d)(1) (notice to I.C.C. 2d 377 (1989). Any request for a stay should
governmental agencies) have been met. be filed as soon as possible so that the Board may
proposed collection of information, take appropriate action before the exemption’s
including each proposed extension of an As a condition to this exemption, any effective date.
Lhorne on DSK7TPTVN1PROD with NOTICES

existing collection of information. employee adversely affected by the 4 Each OFA must be accompanied by the filing

fee, which is currently set at $1,600. See 49 CFR
Dated: June 29, 2015. 1 The CSXT track over which NSR has trackage 1002.2(f)(25).
Jeffrey Herzig, rights connects the two line segments that NSR 5 NSR states that it may not have title to the entire

Clearance Clerk. seeks to abandon. right-of-way underlying the rail line segments
2 NSR states that, although there are different line proposed for abandonment, which could limit the
[FR Doc. 2015–16420 Filed 7–2–15; 8:45 am] segments involved, it operates over them as if they availability of the corridor for other public
BILLING CODE 4915–01–P were a single line. purposes.

VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

Document Created: 2015-12-15 13:17:49
Document Modified: 2015-12-15 13:17:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 38511

80 FR 38511 - Norfolk Southern Railway Company-Abandonment, Discontinuance of Trackage Rights and Discontinuance of Service-in Cleveland and Rutherford Counties, NC, and Cherokee County, SC

DEPARTMENT OF TRANSPORTATIONSurface Transportation Board

Federal Register Volume 80, Issue 128 (July 6, 2015)

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board