[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Page 5436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2068]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 495X)]
CSX Transportation, Inc.--Abandonment and Discontinuance
Exemption--in Lawrence County, IN
CSX Transportation, Inc. (CSXT) filed a notice of exemption under
49 CFR 1152 Subpart F--Exempt Abandonments to abandon its 6.7-mile line
of railroad extending between milepost Q-245.0, at Bedford, and
milepost Q-251.7, near Mitchell, in Lawrence County, IN. A notice of
exemption was served and published in the Federal Register on October
5, 1994 (59 FR 50771).
CSXT certified that: (1) No local traffic has moved over the line
for at least 2 years; (2) there is no CSXT 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 Commission or with any U.S. District Court or has been decided
in favor of the complainant within the 2-year period; and (4) the
requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8
(historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
The Brotherhood of Locomotive Engineers filed a request to revoke
CSXT's exemption on November 28, 1994, alleging that the notice
contained false or misleading information. CSXT's verified notice of
exemption was properly filed. However, the notice served and published
on October 5, 1994, contained a ministerial error and is amended by
this new notice and Federal Register publication.
Because of trackage rights held by Soo Line Railroad Company's
(SLR), CSXT may only discontinue service at this time. The
effectiveness of this notice as to the abandonment will be contingent
upon: (1) SLR's obtaining Commission approval or exemption to
discontinue its trackage rights; and (2) CSXT informing any party
requesting public use or trail use if and when such trackage rights are
discontinued. See Missouri Pac. R. Co.--Aban.--Osage & Morris Count.
KS, 9 I.C.C.2d 1228 (1993). Requests for public use or trail use
conditions will not be acted upon until SLR has relinquished its
trackage rights.
As a condition to use of 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
this condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10505(d) must be filed.
A copy of any pleading filed with the Commission should be sent to
applicant's representative: Charles M. Rosenberger, 500 Water St.,
J150, Jacksonville, FL 32202.
If the notice of exemption 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 Section of Environmental Analysis (SEA) issued an
environmental assessment (EA) on by October 13, 1994 finding that
abandonment of the line will not significantly affect the quality of
the human environment. Interested persons may obtain a copy of the EA
by writing to SEA (Room 3219, Interstate Commerce Commission,
Washington, DC 20423) or by calling Elaine Kaiser, Chief of SEA, at
(202) 927-6248.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: January 23, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-2068 Filed 1-26-95; 8:45 am]
BILLING CODE 7035-01-P
