[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5445]
[[Page Unknown]]
[Federal Register: March 9, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket Nos. AB-55 (Sub-No. 478X); AB-290 (Sub-No. 138X)]
CSX Transportation, Inc.--Abandonment Exemption--in Bell County,
KY, and Claiborne County, TN; Norfolk Southern Railway Co.--
Discontinuance of Trackage Rights Exemption--in Bell County, KY, and
Claiborne County, TN
CSX Transportation, Inc. (CSXT) and Norfolk Southern Railway
Company (NS) have filed a notice of exemption under 49 CFR part 1152
Subpart F--Exempt Abandonments and Discontinuances of Trackage Rights
for CSXT to abandon and NS to discontinue trackage rights over
approximately 1.46 miles of rail line between milepost MR-221.0 near
Gravity Yard and milepost MR-222.46 at Fork Ridge, in Bell County, KY,
and Claiborne County, TN.
CSXT and NS have 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 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 report); 49 CFR 1105.8
(historic report); 49 CFR 1105.12 (newspaper publication); and 49 CFR
1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to use of this exemption, any employee adversely
affected by the abandonment or discontinuance of service 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 (OFA) has been received, this exemption will be
effective on April 8, 1994, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29\3\ must be filed
by March 21, 1994. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by March 29, 1994, with:
Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423.
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\1\A stay will be issued routinely by the Commission in those
proceedings 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 concerns is encouraged to
file its request as soon as possible in order to permit this
Commission to review and act on the request before the effective
date of this exemption.
\2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\The Commission will accept a late-filed trail use request as
long as it retains jurisdiction to do so.
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A copy of any petition filed with the Commission should be sent to
applicants' representatives: Charles M. Rosenberger, CSX
Transportation, Inc., 500 Water Street, J150, Jacksonville, FL 32202;
James R. Paschall, Norfolk Southern Corporation, Three Commercial
Place, Norfolk, VA 23510.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CSXT and NS have filed an environmental report which addresses the
effects of the abandonment and discontinuance of trackage rights, if
any, on the environment and historic resources. The Section of
Environmental Analysis (SEA) will issue an environmental assessment
(EA) by March 14, 1994. 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. Comments on environmental and historic preservation
matters must be filed within 15 days after the EA is 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: March 3, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-5445 Filed 3-8-94; 8:45 am]
BILLING CODE 7035-01-P
