Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Clinton and Howard Counties, IN, 49604-49605 [2013-19716]

Download as PDF 49604 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES has moved over the line for at least two years, and if there were any overhead traffic, 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 1105.7(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 13, 2013, 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 August 26, 2013. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 3, 2013, 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: Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). VerDate Mar<15>2010 16:16 Aug 13, 2013 Jkt 229001 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 19, 2013. 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 14, 2014, 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: August 9, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–19688 Filed 8–13–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 353X)] Norfolk Southern Railway Company— Discontinuance of Service Exemption—in Clinton and Howard Counties, IN Norfolk Southern Railway Company (NSR) filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 22.1-mile rail line extending from milepost TS–183.7 near Kokomo, IN., to milepost TS–205.8 in PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 Frankfort, IN., in Clinton and Howard Counties, IN. The line traverses United States Postal Service Zip Codes 46039, 46041, 46057, 46901, and 46979. 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 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 of service 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 be 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 for 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. 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. 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 NSR is seeking to discontinue service, not to abandon the line, 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. E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 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. [FR Doc. 2013–19716 Filed 8–13–13; 8:45 am] BILLING CODE 4915–01–P 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 tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:16 Aug 13, 2013 Jkt 229001 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 PO 00000 Frm 00162 Fmt 4703 Sfmt 9990 49605 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. 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 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. E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49604-49605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19716]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 353X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Clinton and Howard Counties, IN

    Norfolk Southern Railway Company (NSR) filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over an approximately 
22.1-mile rail line extending from milepost TS-183.7 near Kokomo, IN., 
to milepost TS-205.8 in Frankfort, IN., in Clinton and Howard Counties, 
IN. The line traverses United States Postal Service Zip Codes 46039, 
46041, 46057, 46901, and 46979.
    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 
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 of service 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 be 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 for 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 NSR is seeking to discontinue service, not to 
abandon the line, 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.

[[Page 49605]]

    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.
[FR Doc. 2013-19716 Filed 8-13-13; 8:45 am]
BILLING CODE 4915-01-P
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