NS Track Abandonment

NW Mailing List nw-mailing-list at nwhs.org
Thu May 15 13:58:41 EDT 2008

Norfolk Southern files for abandonment of 0.9 miles of track in Chesapeake,
VA. A copy of the notice that appeared in today's Federal Register is
provided below.


Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 299X);

STB Docket No. AB-1024X]

Norfolk Southern Railway Company-

Discontinuance of Service

Exemption-in Chesapeake, VA;

Norfolk and Portsmouth Belt Line Railroad Company-Discontinuance of Trackage
Rights Exemption-in Chesapeake, VA

Norfolk Southern Railway Company (NSR) and Norfolk and Portsmouth Belt Line
Railroad Company (NPBL) 1 (collectively, applicants) have jointly filed a
verified notice of exemption under 49 CFR part 1152 subpart F- Exempt
Abandonments and Discontinuances of Service for NSR to discontinue service
over, and for NPBL to discontinue trackage rights over, 0.90 miles of
railroad between milepost NS 1.40 and milepost NS 2.30, in Chesapeake, VA.
The line traverses United States Postal Service Zip Code 23324. NSR and
NPBL have certified that: (1) No local traffic has moved over the line for
at least 2 years; (2) any overhead traffic can 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 2-year period; and (4) the
requirements of 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
service discontinuance/discontinuance of trackage rights 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, these exemptions will be effective on
June 14, 2008, 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),2 must be filed
by May 27, 2008.3 Petitions to reopen must be filed by June 4, 2008, with:
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to applicants'
representatives: James R. Paschall, Three Commercial Place, Norfolk, VA
23510, and James L. Chapman, IV, 1200 Bank of America Center, One Commercial
Place, Norfolk, VA 23510. If the verified notice contains false or
misleading information, the exemptions are void ab initio. Board decisions
and notices are available on our Web site at http://www.stb.dot.gov.

Decided: May 6, 2008.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Anne K. Quinlan,

Acting Secretary.

[FR Doc. E8-10703 Filed 5-13-08; 8:45 am]


Skip Sledge

Have a nice day - it's much better than a bad one!

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