|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY -- DISCONTINUANCE OF SERVICE EXEMPTION -- IN ISLE OF WIGHT COUNTY AND THE CITY OF SUFFOLK, VA.|
|Director Of Proceedings|
|PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A PETITION TO DISCONTINUE SERVICE OVER APPROXIMATELY 17.8 MILES OF RAIL LINE IN ISLE OF WIGHT COUNTY AND THE INDEPENDENT CITY OF SUFFOLK, VA., EXTENDING FROM MILEPOST FD 19.2 IN SUFFOLK TO MILEPOST FD 37.0 NEAR FRANKLIN, VA. (THE LINE). THE LINE TRAVERSES UNITED STATES POSTAL SERVICE ZIP CODES 23434, 23437, AND 23851, AND INCLUDES THE STATIONS OF FRANKLIN, HOLLAND, AND SUFFOLK.|
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|Full Text of Decision|
43721 SERVICE DATE – APRIL 9, 2014
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Docket No. AB 290 (Sub-No. 362X)
Norfolk Southern Railway Company—Discontinuance of Service Exemption—in Isle of Wight County and the City of Suffolk, Va.
On March 20, 2014, Norfolk Southern Railway Company (NSR) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. § 10502 for exemption from the provisions of 49 U.S.C. § 10903 to discontinue service over approximately 17.8 miles of rail line in Isle of Wight County and the independent City of Suffolk, Va., extending from milepost FD 19.2 in Suffolk to milepost FD 37.0 near Franklin, Va. (the Line). The Line traverses United States Postal Service Zip Codes 23434, 23437, and 23851, and includes the stations of Franklin, Holland, and Suffolk (the petition states that Suffolk will remain an active station because a portion of that station is located east of the subject discontinuance limits). According to the petition, the Line is stub-ended and therefore not capable of handling overhead traffic.
NSR states that, based on information in its possession, the Line does not contain federally granted rights-of-way. Any documentation in NSR’s possession 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. § 10502(b). A final decision will be issued by July 8, 2014.
Because this is a discontinuance proceeding and not an abandonment proceeding, interim trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 C.F.R. §§ 1105.6(c)(2) and 1105.8(b).
Any offer of financial assistance under 49 C.F.R. § 1152.27(b)(2) to subsidize continued rail service will be due no later than July 18, 2014, or 10 days after service of a decision granting the petition for exemption, whichever occurs sooner. Each offer must be accompanied by a $1,600 filing fee. See 49 C.F.R. § 1002.2(f)(25).
All filings in response to this notice must refer to Docket No. AB 290 (Sub-No. 362X) and must be sent to: (1) Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and (2) William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue, N.W., Suite 300, Washington, DC 20037. Replies to the petition are due on or before April 29, 2014.
Persons seeking further information concerning discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment and discontinuance regulations at 49 C.F.R. pt. 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at 1-800-877-8339.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: April 4, 2014.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.