Norfolk and Western Railway CompanyAbandonment Exemptionin McDowell County, WV

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 180X)]

Norfolk and Western Railway Company--Abandonment Exemption--in

McDowell County, WV

Norfolk and Western Railway Company (NW) has filed a notice of

exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to

abandon a 2.5-mile line of its railroad from milepost T-16.0 at Pageton

and milepost T-18.5 at Anawalt, in McDowell County, WV.\1\

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\1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a

verified notice with the Board at least 50 days before the

abandonment or discontinuance is to be consummated. The applicant in

its verified notice, indicated a proposed consummation date of

December 6, 1996. However, because the verified notice was filed on

October 18, 1996, consummation should have not been proposed to take

place prior to December 7, 1996. Applicant's representative has been

contacted and has confirmed that the correct consummation date is on

or after December 7, 1996.

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NW has certified that: (1) No local traffic has moved over the line

for at least 2 years; (2) any overhead traffic on the line can be

rerouted; (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

reports), 49 CFR 1105.8 (historic reports), 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 December 7, 1996, 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 \4\ must be filed

by November 18, 1996. Petitions to reopen or requests for public use

conditions under 49 CFR 1152.28 must be filed by November 27, 1996,

with: Office of the Secretary, Case Control Branch, Surface

Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC

20423.

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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 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4

I.C.C.2d 164 (1987).

\4\ The Board will accept late-filed trail use requests as long

as the abandonment has not been consummated and the abandoning

railroad is willing to negotiate an agreement.

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A copy of any petition filed with the Board should be sent to

applicant's representative: James R. Paschall, General Attorney,

Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA

23510-2191.

If the verified notice contains false or misleading information,

the exemption is void ab initio.

NW has filed an environmental report which addresses the

abandonment's effects, if any, on the environment and historic

resources. The Section of Environmental Analysis (SEA) will issue an

environmental assessment (EA) by November 12, 1996. Interested

[[Page 57727]]

persons may obtain a copy of the EA by writing to SEA (Room 3219,

Surface Transportation Board, Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202) 927-6248. 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.

Decided: November 1, 1996.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96-28769 Filed 11-6-96; 8:45 am]

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