[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Page 1427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-552]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB-55 (Sub-No. 520X)] 1
CSX Transportation, Inc.--Abandonment Exemption--Chatham County,
GA
CSX Transportation, Inc. (CSXT) has filed a verified notice under
49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon
approximately 0.69 miles rail line between milepost SHB-511.66 and SHB-
512.35 in North Savannah, Hutchinson Island, Chatham County, GA.
\1\ The proceeding was originally instituted by the Interstate
Commerce Commission (ICC). The ICC Termination Act of 1995, Pub. L.
No. 104-88, 109 Stat. 803 (the Act), which was signed into law by
President Clinton on December 29, 1995, took effect on January 1,
1996, and abolished the ICC and transferred certain functions and
pending proceedings to the Surface Transportation Board (Board).
Section 204(b)(1) of the Act provides, in general, that proceedings
transferred from the ICC to the Board shall be decided under the law
in effect prior to January 1, 1996. All statutory references in this
notice will be to the former Interstate Commerce Act (ICA)
provisions. The statutory provisions at 49 U.S.C. 10903-04 of the
prior ICA were reenacted as 49 U.S.C. 10903 and responsibility for
administering them is assigned to the Board.
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CSXT has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line can be
rerouted over other lines; (3) there is no overhead traffic on the
line; (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 with any U.S. District Court or has been decided in
complainant's favor within the last 2 years; and (4) the requirements
at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic
report), 49 CFR 1105.11 and 1152.50(d)(1) (notice to government
agencies), and 49 CFR 1105.12 (newspaper publication) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether employees
are adequately protected, a petition for partial revocation under 49
U.S.C. 10505(d) must be filed.
This exemption will be effective on February 17, 1996, unless
stayed or a statement of intent to file an offer of financial
assistance (OFA) is filed. Petitions to stay that do not involve
environmental issues,2 statements of intent to file an OFA under
49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under
49 CFR 1152.29 4 must be filed by January 29, 1996. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by February 7, 1996. An original and 10 copies of any such
filing must be sent to the Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Ave, NW.,
Washington, DC 20423. In addition, one copy must be served on Charles
M. Rosenberger, CSX Transportation, Inc., 500 Water Street J150,
Jacksonville, FL 32202.
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board in
its independent investigation) cannot be made before the exemption's
effective date. See Exemption of Out-of-Service 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.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist.,
4 I.C.C.2d 164 (1987).
\4\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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If the verified notice contains false or misleading information,
the exemption is void ab initio.
CSXT has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Board's Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by January 23, 1996. A copy of
the EA may be obtained by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine Kaiser
at (202) 927-6248. 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.
Decided: January 11, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-552 Filed 1-18-96; 8:45 am]
BILLING CODE 4915-00-P
