Norfolk Southern Railway Company-Abandonment Exemption-in Floyd and Polk Counties, GA, 20776 [E9-10258]
Download as PDF
20776
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
Secretary of State for Arms Control and
International Security.
Delegation of Authority No. 321,
dated January 16, 2009, is hereby
revoked. With this exception, nothing in
this delegation of authority shall be
deemed to supersede any other
delegation of authority, which shall
remain in full force and effect during
and after this delegation.
This delegation of authority shall be
published in the Federal Register.
Dated: April 17, 2009.
James B. Steinberg,
Deputy Secretary, Department of State.
[FR Doc. E9–10348 Filed 5–4–09; 8:45 am]
BILLING CODE 4710–27–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 310X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Floyd
and Polk Counties, GA
Norfolk Southern Railway Company
(NSR) has filed a verified notice of
exemption under 49 CFR 1152 Subpart
F—Exempt Abandonments to abandon a
12.31-mile line of railroad between
milepost 3.69–N and milepost 16.00–N,
in Floyd and Polk Counties, GA.1 The
line traverses United States Postal
Service Zip Codes 30124 and 30161.
NSR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) no overhead traffic has
moved over the line for at least 2 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
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
1 NSR also seeks exemption from the
requirements of 49 U.S.C. 10904 (offers of financial
assistance (OFA)). The Board will address the
merits of this request in a separate decision.
VerDate Nov<24>2008
23:12 May 04, 2009
Jkt 217001
(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 OFA has been received,
this exemption will be effective on June
4, 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 May 15,
2009.4 Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by May 26, 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 May 8, 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
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.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
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 May 5, 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
www.stb.dot.gov.
Decided: April 29, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–10258 Filed 5–4–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0078]
Commercial Driver’s License (CDL)
Standards; Rotel North American
Tours, LLC; Amendment of Exemption
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of amendment; request
for comments.
SUMMARY: FMCSA announces that the
Rotel North American Tours, LLC
(Rotel), has applied for amendment of
its existing exemption that permits 22
named drivers, employed by Rotel and
possessing German CDLs, to operate
commercial motor vehicles (CMVs) in
the U.S. without a CDL issued by one
of the States. Rotel proposes to amend
the roster of 22 exempt Rotel drivers in
order to substitute three new Rotel
drivers for three drivers no longer
employed by Rotel. The new Rotel
drivers would be subject to all the terms
and conditions of the current
exemption, including its expiration date
of July 30, 2010.
DATES: Comments must be received on
or before May 20, 2009.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2008–0078 by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Telefax: 1–202–493–2251.
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Page 20776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10258]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 310X)]
Norfolk Southern Railway Company--Abandonment Exemption--in Floyd
and Polk Counties, GA
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR 1152 Subpart F[horbar]Exempt Abandonments to
abandon a 12.31-mile line of railroad between milepost 3.69-N and
milepost 16.00-N, in Floyd and Polk Counties, GA.\1\ The line traverses
United States Postal Service Zip Codes 30124 and 30161.
---------------------------------------------------------------------------
\1\ NSR also seeks exemption from the requirements of 49 U.S.C.
10904 (offers of financial assistance (OFA)). The Board will address
the merits of this request in a separate decision.
---------------------------------------------------------------------------
NSR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has moved over the
line for at least 2 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
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 OFA has been
received, this exemption will be effective on June 4, 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 May 15, 2009.\4\ Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by May 26, 2009, with the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------
\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 May 8,
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
consummation has not been effected by NSR's filing of a notice of
consummation by May 5, 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
www.stb.dot.gov.
Decided: April 29, 2009.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-10258 Filed 5-4-09; 8:45 am]
BILLING CODE 4915-01-P