82 FR 36182 - Norfolk Southern Railway Company-Abandonment Exemption-in Atlanta, Ga.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 148 (August 3, 2017)

[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Page 36182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16356]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 290 (Sub-No. 388X)]


Norfolk Southern Railway Company--Abandonment Exemption--in 
Atlanta, Ga.

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption \1\ under 49 CFR part 1152 subpart F--Exempt Abandonments 
to abandon approximately 1.0 mile of rail line between milepost DF 
632.10 and milepost DF 633.10 in Atlanta, Ga. (the Line).\2\ The Line 
traverses United States Postal Service Zip Codes 30324 and 30309.
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    \1\ NSR initially filed its verified notice on March 27, 2017. 
After submitting the filing, NSR discovered that its combined 
Environmental and Historic Reports (E&HR) contained an incorrect 
milepost designation which, when changed, impacted the E&HR. At the 
request of NSR, the proceeding was held in abeyance by a decision 
served on April 5, 2017. NSR now has corrected and reissued its 
E&HR. NSR filed its revised verified notice on July 14, 2017, which 
therefore is the official filing date.
    \2\ NSR states that the Line includes the portion of NSR's 
right-of-way that the Board found not to have been abandoned in 
Atlanta Development Authority--Verified Petition for a Declaratory 
Order, FD 35991, slip op. at 9 (STB served Dec. 15, 2016), 
reconsideration denied, FD 35591 (STB served May 26, 1017). NSR 
states that it plans to convey the easement and wye right-of-way to 
Atlanta BeltLine, Inc. for urban development and to improve the 
City's infrastructure upon consummation of the proposed abandonment.
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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 overhead traffic, if there were any, 
could 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 
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 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 September 2, 2017, 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 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by August 11, 2017. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 23, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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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 $1,700. See 49 CFR 1002.2(f)(25). Effective 
September 1, 2017, the filing fee will be $1,800. See Regulations 
Governing Fees for Servs. Performed in Connection with Licensing & 
Related Servs.--2017 Update, EP 542 (Sub-No. 25) (STB served July 
28, 2017).
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    A copy of any petition filed with the Board should be sent to 
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 on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by August 8, 2017. 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 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 
consummation has not been effected by NSR's filing of a notice of 
consummation by August 3, 2018, 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.GOV.''

    Decided: July 31, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-16356 Filed 8-2-17; 8:45 am]
BILLING CODE 4915-01-P