Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Ontario, Seneca, and Wayne Counties, NY, 49605 [2013-19708]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Page 49605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19708]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 356X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Ontario, Seneca, and Wayne Counties, NY

    Norfolk Southern Railway Company (NSR) has filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over approximately 
11.5 miles of rail line from milepost GL 0.0 near Lyons, NY, to 
milepost GL 11.5 near Geneva, NY (the Line). The Line traverses United 
States Postal Service Zip Codes 14456, 14489, and 14532.
    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 if there were any, it 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 two-year period; and (4) the requirements at 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 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) to subsidize continued rail service has been 
received, this exemption will become effective on September 13, 2013, 
unless stayed pending reconsideration. Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued rail service under 49 CFR 
1152.27(c)(2),\1\ must be filed by August 26, 2013.\2\ Petitions to 
reopen must be filed by September 3, 2013, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6 (c) and 49 CFR 
1105.8 (b), respectively.
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: Robert A. Wimbish, 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.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: August 9, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-19708 Filed 8-13-13; 8:45 am]
BILLING CODE 4915-01-P