NS Track Abandonment
NW Mailing List
nw-mailing-list at nwhs.org
Thu May 15 15:46:50 EDT 2008
Are they finally going to remove that old raggedy diamond? Gary Price
NW Mailing List wrote:
> 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.
> DEPARTMENT OF TRANSPORTATION
> Surface Transportation Board
> [STB Docket No. AB–290
> (Sub-No. 299X);
> STB Docket No. AB–1024X]
> Norfolk Southern Railway
> 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]
> BILLING CODE 4915–01–P
> a nice day - it's much better than a bad one!
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