Norfolk Southern Railway Company-Abandonment Exemption-in Wise County, VA, 10645-10646 [E9-4878]

Download as PDF Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices DEPARTMENT OF TRANSPORTATION advisory committee to ensure fair and balanced membership. Office of the Secretary Issued in Washington, DC, on March 5, 2009. Patricia Lawton, Departmental PRA Clearance Officer, Office of the Chief Information Officer. [FR Doc. E9–5162 Filed 3–10–09; 8:45 am] Agency Information Collection: Activity for OMB Review: Advisory Committee Candidate Biographical Information Request Form AGENCY: Office of the Secretary, DOT. Docket: DOT–OST–2009–0054. ACTION: Notice and request for comment. In compliance with the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request, abstracted below, is being forwarded to the Office of Management and Budget for an extension without change of currently approved Advisory Committee Candidate Biographical Information Request Form. A Federal Register Notice with a 60-day comment period was published on November 18, 2008 (FR Vol. 73, No. 223, page 68491– 68491). The agency did not receive any comments to its previous notice. DATES: Written comments should be submitted by April 10, 2009. FOR FURTHER INFORMATION CONTACT: Lisa L. Hough, Committee Management Officer, Executive Secretariat, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 or telephone: (202) 366–4277. Comments: Comments should be sent to OMB: Attention DOT/OST Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503, or oira_submission@omb.eop.gov and should identify the associated OMB Approval Number 2105–0009 and Docket DOT–OST–2009–0054. SUPPLEMENTARY INFORMATION: OMB Approval No.: 2105–0009. Title: Advisory Committee Candidate Biographical Information Request Form. Form No.: DOT F1120.1. Type of Review: Extension. Respondents: Individuals who have contacted DOT to indicate interest in appointment to and advisory committee and individuals who have been recommended for membership on an advisory committee. Only one collection is expected per individual. Number of Respondents: 100 Annually. Total Annual Burden: 25 hours. Needs and Uses: Information is gathered from individuals interested in appointment to an advisory committee and individuals who have been recommended for membership on an BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 Surface Transportation Board [STB Docket No. AB–290 (Sub-No. 300X)] Norfolk Southern Railway Company— Abandonment Exemption—in Wise County, VA Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a 1.81-mile line of railroad between milepost CV 277.30 (Big Stone Gap) and milepost CV 279.11 (Appalachia), in Wise County, VA.1 The line traverses United States Postal Service Zip Codes 24216 and 24219. NSR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic on the line, if 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 complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 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 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 1 According to NSR, the proposed line for abandonment has been out of service since the late 1980s, when the owner, CSX Transportation, Inc., rerouted its traffic to NSR’s line between Big Stone Gap and Frisco, TN. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 10645 assistance (OFA) has been received, this exemption will be effective on April 10, 2009, 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 must be filed by March 23, 2009.4 Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by March 31, 2009, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. 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 that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by March 16, 2009. 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 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 Outof-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 $1,500. See 49 CFR 1002.2(f)(25). 4 NSR states that it is not aware of any restriction on the title to the right-of-way that would affect the transfer of title or the use of property for other than rail purposes but will provide full title information promptly if it receives a proposal to acquire the property for public purposes. E:\FR\FM\11MRN1.SGM 11MRN1 10646 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices consummation has not been effected by NSR’s filing of a notice of consummation by March 11, 2010, 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: February 27, 2009. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–4878 Filed 3–10–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 558 (Sub-No. 12)] Railroad Cost of Capital—2008 AGENCY: Surface Transportation Board, DOT. Notice of decision instituting a proceeding to determine the railroads’ 2008 cost of capital. rwilkins on PROD1PC63 with NOTICES ACTION: SUMMARY: The Board is instituting a proceeding to determine the railroad industry’s cost of capital for 2008. The decision solicits comments on: (1) The railroads’ 2008 current cost of debt capital; (2) the railroads’ 2008 current cost of preferred stock equity capital (if any); (3) the railroads’ 2008 cost of common stock equity capital; and (4) the 2008 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in the Cost 07 decision, with the exception of applying the Ex Parte No. 664 (Sub No. 1) decision in calculating the cost-ofequity. DATES: Notices of intent to participate are due no later than March 20, 2009. Statements of the railroads are due by April 20, 2009. Statements of other interested persons are due by May 20, 2009. Rebuttal statements by the railroads are due by June 19, 2009. ADDRESSES: Comments may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should submit a document and otherwise comply with the instructions at the EFILING link on the Board’s Web site, at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 Board, Attn: STB Ex Parte No. 558 (Sub No. 12), 395 E Street, SW., Washington, DC 20423–0001. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez (202) 245–0333. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] SUPPLEMENTARY INFORMATION: The Board’s decision is posted on the Board’s Web site, http:// www.stb.dot.gov. In addition, copies of the decision may be purchased by contacting the office of Public Assistance, Governmental Affairs, and Compliance at (202)–245–0235. Assistance for the hearing impaired is available through FIRS at 1–800–877– 8339. We preliminarily conclude that the proposed action will not significantly affect either the quality of the human environment or the conservation of energy resources. Authority: 49 U.S.C. 10704(a). Decided: March 5, 2009. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–5138 Filed 3–10–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34554 (Sub-No. 11)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company AGENCY: Surface Transportation Board, DOT. ACTION: Partial revocation of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, revokes the class exemption as it pertains to the modified trackage rights described in STB Finance Docket No. 34554 (Sub-No. 10) 1 to permit the 1 On December 23, 2008, Union Pacific Railroad Company (UP) concurrently filed a verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the agreement by BNSF Railway Company (BNSF) to extend the expiration date of the local trackage rights granted to UP over BNSF’s line of railroad between BNSF milepost 579.3 near Mill Creek, OK, and BNSF milepost 631.1 near Joe Junction, TX, a distance of approximately 51 miles. UP submits that the trackage rights are only temporary rights, but, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify for the Board’s class exemption for temporary trackage rights under 49 CFR 1180.2(d)(8). See PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 trackage rights to expire on or about December 31, 2009, in accordance with the agreement of the parties,2 subject to the employee protective conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). DATES: This exemption is effective on April 10, 2009. Petitions to stay must be filed by March 23, 2009. Petitions to reopen must be filed by March 31, 2009. ADDRESSES: An original and 10 copies of all pleadings referring to STB Finance Docket No. 34554 (Sub-No. 11) must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy of all pleadings must be served on petitioner’s representative: Gabriel S. Meyer, Union Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245–0359. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company, STB Finance Docket No. 34554 (Sub-No. 10) (STB served Jan. 8, 2009). 2 The trackage rights were originally granted in Union Pacific Railroad Company—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004). Subsequently, the parties filed notices of exemption several times based on their agreements to extend expiration dates of the same trackage rights. See STB Finance Docket No. 34554 (Sub-No. 2) (decision served February 11, 2005); STB Finance Docket No. 34554 (Sub-No. 4) (decision served March 3, 2006); STB Finance Docket No. 34554 (Sub-No. 6) (decision served January 12, 2007); and STB Finance Docket No. 34554 (Sub-No. 8) (decision served January 4, 2008). Because the original and subsequent trackage rights notices were filed under the class exemption at 49 CFR 1180.2(d)(7), under which trackage rights normally remain effective indefinitely, in each instance the Board granted partial revocation of the class exemption to permit the authorized trackage rights to expire. See STB Finance Docket No. 34554 (SubNo. 1) (decision served November 24, 2004); STB Finance Docket No. 34554 (Sub-No. 3) (decision served March 25, 2005); STB Finance Docket No. 34554 (Sub-No. 5) (decision served March 23, 2006); STB Finance Docket No. 34554 (Sub-No. 7) (decision served March 13, 2007); and STB Finance Docket No. 34554 (Sub-No. 9) (decision served March 20, 2008). At the time of the extension authorized in STB Finance Docket No. 34554 (SubNo. 8), the parties anticipated that the authority to allow the rights to expire would be exercised by December 31, 2008. However, the parties filed on December 23, 2008 in STB Finance Docket No. 34554 (Sub-No. 10) their most recent notice of exemption so that the trackage rights could be extended to December 31, 2009, and in STB Finance Docket No. 34554 (Sub-No. 11) their latest petition to partially revoke the class exemption to permit expiration, which we are addressing here. E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10645-10646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4878]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 300X)]


Norfolk Southern Railway Company--Abandonment Exemption--in Wise 
County, VA

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon a 1.81-mile line of railroad between milepost CV 277.30 (Big 
Stone Gap) and milepost CV 279.11 (Appalachia), in Wise County, VA.\1\ 
The line traverses United States Postal Service Zip Codes 24216 and 
24219.
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    \1\ According to NSR, the proposed line for abandonment has been 
out of service since the late 1980s, when the owner, CSX 
Transportation, Inc., rerouted its traffic to NSR's line between Big 
Stone Gap and Frisco, TN.
---------------------------------------------------------------------------

    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic on the line, if 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 
complainant within the 2-year period; and (4) the requirements at 49 
CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 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 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 April 10, 2009, 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 must be filed by 
March 23, 2009.\4\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 31, 2009, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \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 $1,500. See 49 CFR 1002.2(f)(25).
    \4\ NSR states that it is not aware of any restriction on the 
title to the right-of-way that would affect the transfer of title or 
the use of property for other than rail purposes but will provide 
full title information promptly if it receives a proposal to acquire 
the property for public purposes.
---------------------------------------------------------------------------

    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 that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by March 16, 
2009. 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 10646]]

consummation has not been effected by NSR's filing of a notice of 
consummation by March 11, 2010, 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: February 27, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-4878 Filed 3-10-09; 8:45 am]
BILLING CODE 4915-01-P