Notice2021-17859
Norfolk Southern Railway Company-Discontinuance of Trackage Rights Exemption-in Luzerne and Carbon Counties, Pa.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 20, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)</title>
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[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46901-46902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17859]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 410X)]
Norfolk Southern Railway Company--Discontinuance of Trackage
Rights Exemption--in Luzerne and Carbon Counties, Pa.
Norfolk Southern Railway Company (NSR) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and
Discontinuances of Service to discontinue overhead trackage rights
operations over approximately 56.7 miles of rail line owned by Reading
Blue Mountain and Northern Railroad Company (RBMN) located between
milepost 119.3 in Lehighton Yard and milepost 175.5 in Dupont, Pa., in
Luzerne and Carbon Counties, Pa. (the Line).\1\ The Line traverses U.S.
Postal Service Zip Codes 18235, 18229, 18255, 18661, 18711, 18707,
18706, 18640, and 18641.
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\1\ NSR states that it acquired overhead trackage rights for the
Line in 2002. See Norfolk S. Ry.--Trackage Rts. Exemption--Reading
Blue Mountain & N.R.R., FD 34225 (STB served July 25, 2002).
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NSR has certified that: (1) It has moved no local traffic over the
Line for at least two years; (2) any common carrier overhead traffic
can be rerouted; (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 on the Line is
either pending with the Surface Transportation Board (Board) or with
any U.S. District Court or has been decided in favor of a complainant
within the two-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 this exemption, any employee adversely affected
by the discontinuance of service shall be protected under Oregon Short
Line Railroad--Abandonment Portion Goshen Branch Between Firth &
[[Page 46902]]
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) \2\ to subsidize continued rail service has
been received, this exemption will be effective on September 19, 2021,
unless stayed pending reconsideration. Petitions to stay that do not
involve environmental issues and formal expressions of intent to file
an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2)
\3\ must be filed by August 30, 2021.\4\ Petitions to reopen must be
filed by September 9, 2021.
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\2\ Persons interested in submitting an OFA to subsidize
continued rail service must first file a formal expression of intent
to file an offer, indicating the intent to file an OFA for subsidy
and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\3\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
\4\ Because this is a discontinuance proceeding and not an
abandonment, interim trail use/rail banking and public use
conditions are not appropriate. Because there will be an
environmental review during abandonment, this discontinuance does
not require an environmental review.
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All pleadings, referring to Docket No. AB 290 (Sub-No. 410X),
should be filed with the Surface Transportation Board via e-filing on
the Board's website. In addition, a copy of each pleading filed with
the Board should be sent to NSR's representative, Crystal M. Zorbaugh,
Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington,
DC 20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: August 17, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-17859 Filed 8-19-21; 8:45 am]
BILLING CODE 4915-01-P
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