|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN CHESTER COUNTY, PA|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 7.70 MILE LINE OF RAILROAD IN CHESTER COUNTY, PA.|
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|Full Text of Decision|
38499 SERVICE DATE – NOVEMBER 7, 2007
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-290 (Sub-No. 297X)]
Southern Railway Company (NSR) has filed a verified notice of exemption under
49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service
to discontinue service over a 7.70 mile line of railroad between milepost PX
3.10 and milepost PX 10.80 in Phoenixville,
NSR has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) that all overhead traffic, if any, has been 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 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 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to these exemptions, any employee adversely affected by the discontinuance of service 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.
no formal expression of intent to file an offer of financial assistance (OFA)
has been received, this exemption will be effective on December 7, 2007, 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
must be filed by November 19, 2007. Petitions to reopen must be filed by November
27, 2007, with: Surface Transportation
Board, 395 E Street, S.W.,
copy of any petition filed with the Board should be sent to NSR’s
representative: James R. Paschall, Senior
General Attorney, Norfolk Southern Railway Company,
If the verified notice contains false or misleading information, the exemption is void ab initio.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: October 30, 2007.
By the Board, David M. Konschnik, Director, Office of Proceedings.
 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 historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively.