SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_290_352_X

Case Title:  
NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN FAYETTE AND WAYNE COUNTIES, IND.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY (NSR) AND C&NC RAILROAD CORPORATION (CNUR) FILED A NOTICE OF EXEMPTION FOR NSR TO ABANDON, AND FOR CNUR TO DISCONTINUE SERVICE OVER, APPROXIMATELY 0.61 MILES OF RAIL LINE BETWEEN MILEPOST CB 4.80 (NEAR EAST COUNTY ROAD 450N IN CONNERSVILLE, FAYETTE COUNTY, IND.) AND MILEPOST CB 5.41 (NEAR WHITAKER DRIVE IN WASHINGTON TOWNSHIP, WAYNE COUNTY, IND.) (THE LINE). THE LINE TRAVERSES UNITED STATES POSTAL SERVICE ZIP CODES 47331 AND 47357.

    Decision Attachments

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    Full Text of Decision

36970

43412                            SERVICE DATE – NOVEMBER 8, 2013

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 352X)]

Norfolk Southern Railway Company—Abandonment Exemption—in Fayette and Wayne Counties, Ind.

[Docket No. AB 1093 (Sub No. 1X)]

C&NC Railroad Corporation—Discontinuance of Service Exemption—in Fayette and Wayne Counties, Ind.

            Norfolk Southern Railway Company (NSR) and C&NC Railroad Corporation (CNUR) (collectively, applicants) have jointly filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments and Discontinuances of Service for NSR to abandon, and for CNUR to discontinue service over, approximately 0.61 miles of rail line between milepost CB 4.80 (near East County Road 450N in Connersville, Fayette County, Ind.) and milepost CB 5.41 (near Whitaker Drive in Washington Township, Wayne County, Ind.) (the Line).  The Line traverses United States Postal Service Zip Codes 47331 and 47357.

            Applicants have 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 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 C.F.R. § 1105.7(c) (environmental report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 1152.50(d)(1) (notice to governmental agencies) have been met.

            As a condition to these exemptions, any employee adversely affected by the abandonment or 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) has been received, these exemptions will be effective on December 10, 2013, unless stayed pending reconsideration.  Petitions to stay that do not involve environmental issues,[1] formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c)(2),[2] and trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by November 18, 2013.  Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by November 29, 2013, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.

            A copy of any petition filed with the Board should be sent to applicants’ representatives:  Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Ave., N.W., Suite 300, Washington, DC  20037, and Richard R. Wilson, 518 Center St., Suite 1, Ebensberg, PA  15931.

            If the verified notice contains false or misleading information, the exemptions are void ab initio.

Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources.  OEA will issue an environmental assessment (EA) by November 15, 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 (FIRS) at 1-800-877-8339.  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 C.F.R. § 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 November 8, 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 website at “WWW.STB.DOT.GOV.

            Decided:  November 4, 2013.

            By the Board, Rachel D. Campbell, Director, Office of Proceedings.



[1]  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.

[2]  Each OFA must be accompanied by the filing fee, which is currently set at $1,600.  See 49 C.F.R. § 1002.2 (f)(25).