Norfolk Southern Railway Company-Petition for Exemption-in Baltimore City and Baltimore County, MD, 516 [E9-31041]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Page 516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31041]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 311X)]


Norfolk Southern Railway Company--Petition for Exemption--in 
Baltimore City and Baltimore County, MD

    On December 16, 2009, Norfolk Southern Railway Company (NSR) filed 
with the Surface Transportation Board a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon its 
rail freight operating rights and freight service operations over a 
13.26-mile dead-end segment (``Line'') of a line of railroad commonly 
known in recent years as the Cockeysville Industrial Track (``CIT''). 
The Line is located between railroad milepost UU-1.00 (located just 
north of Wyman Park Drive, formerly Cedar Avenue) and the end of the 
CIT line south of the bridge at railroad milepost UU-15.44 in the City 
of Baltimore and in Baltimore County, MD.
    In addition to an exemption from the prior approval requirements of 
49 U.S.C. 10903, NSR seeks exemption from 49 U.S.C. 10904 [offer of 
financial assistance procedures] and 49 U.S.C. 10905 [public use 
conditions]. In support, NSR states that, following abandonment of the 
freight service operating rights and freight service operations, the 
Line will remain in use for a public purpose as a passenger rail 
transit line of railroad operated by the Maryland Transportation 
Administration (MTA) and owned by the Maryland Department of 
Transportation (MDOT). This request will be addressed in the final 
decision.
    The line does not contain Federally granted rights-of-way. Any 
documentation in NSR's possession concerning this matter will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.-Abandonment-Goshen, 
360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by April 5, 2010.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use.\1\ Any request for a 
public use condition under 49 CFR 1152.28 or for trail use/rail banking 
under 49 CFR 1152.29 will be due no later than [20 DAYS AFTER SERVICE 
DATE]. Each trail use request must be accompanied by a $250 filing fee. 
See 49 CFR 1002.2(f)(27).
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    \1\ In the petition, NSR states that it does not have a 
sufficient property interest in the right-of-way that NSR could 
convey to a third party for additional public use. NSR therefore 
claims that the Line's right-of-way property is not suitable for 
additional public use.
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    All filings in response to this notice must refer to STB Docket No. 
AB-290 (Sub-No. 311X), and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) James R. 
Paschall, Senior General Attorney, Norfolk Southern Railway 
Corporation, Three Commercial Place, Norfolk, VA 23510. Replies to 
NSR's petition are due on or before [20 DAYS AFTER SERVICE DATE].
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: December 24, 2009.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9-31041 Filed 1-4-10; 8:45 am]
BILLING CODE 4915-01-P