[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Page 7792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3253]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 474X)]
CSX Transportation, Inc.--Abandonment Exemption--in Warren
County, NC
CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 3.28 miles of rail line extending (1) from milepost S-
98.4 at Norlina to milepost S-100.9 at Ridgeway and (2) from milepost
SA-115.55 at Norlina to the end of the track at milepost SA-114.77, in
Warren County, NC.
CSXT has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (3) no formal complaint filed by a user of rail service on the
line (or 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 (service of environmental report on
agencies), 49 CFR 1105.8 (service of historic report on State Historic
Preservation Officer), and 49 CFR 1152.50(d)(1) (service of verified
notice on governmental agencies) have been met.
As a condition to use of this exemption, any employee 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.
Provided no formal expression of intent to file an offer of
financial assistance has been received, this exemption will be
effective on March 11, 1995 (unless stayed pending reconsideration).
Petitions to stay that do not involve environmental issues,1
formal expressions of intent to file offers of financial assistance
under 49 CFR 1152.27(c)(2),2 and trail use/rail banking statements
under 49 CFR 1152.29 must be filed by February 21, 1995.3
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by March 1, 1995, with: Office of the Secretary,
Case Control Branch, Interstate Commerce Commission, Washington, DC
20423.
\1\A stay will be issued routinely where an informed decision on
environmental issues (whether raised by a party or by the
Commission's Section of Environmental Analysis in its independent
investigation) cannot be made prior to the effective date of the
notice of exemption. See Exemption of Out-of-Service Rail Lines, 5
I.C.C.2d 377 (1989). Any entity seeking a stay on environmental
grounds is encouraged to file promptly so that the Commission may
act on the request before the effective date.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept late-filed trail use statements so
long as it retains jurisdiction.
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Charles M. Rosenberger, CSX Transportation,
Inc., 500 Water Street 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 environmental or historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by February 14, 1995. Interested persons
may obtain a copy of the EA from SEA by writing to it at (Room 3219,
Interstate Commerce Commission, Washington, DC 20423) or by calling
Elaine Kaiser, Chief, SEA 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: February 2, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-3253 Filed 2-8-95; 8:45 am]
BILLING CODE 7035-01-P
