[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Page 19653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10234]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 546X)]
CSX Transportation, Inc.--Discontinuance of Trackage Rights
Exemption--in Marion Country, IN
CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of
Trackage Rights to discontinue trackage rights over approximately 13.50
miles of Consolidated Rail Corporation's (Conrail) Indianapolis Belt
Running Track, between milepost 0.0 at North Indianapolis and milepost
13.5 at Conrail's Indianapolis Belt Running Track's connection with the
former Norfolk and Western Railway Company, in Marion County, IN.
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 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 Surface Transportation Board (Board) or with any U.S. District
Court or has been decided in favor of complainant within the 2-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 abandonment shall be protected under Oregon Short Line R. Co--
Abandonment--Coshen, 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) has been received, this exemption will be
effective on May 22, 1997,\1\ unless stayed pending reconsideration.
Petitions to stay and formal expressions of intent to file an OFA under
49 CFR 1152.27(c)(2),\2\ must be filed by May 2, 1997. Petitions to
reopen must be filed by May 12, 1997, with: Office of the Secretary,
Case Control Unit, Surface Transportation Board, 1925 K Street, N.W.,
Washington, DC 20423.
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\1\ Because this is a discontinuance proceeding and not an
abandonment, trail use/railbanking and public use conditions are not
appropriate. Likewise, no environmental or historical documentation
is required here under 49 CFR 1105.6(c)(6).
\2\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $900. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: Charles M. Rosenberger, Senior Counsel, CSX
Transportation, Inc., 500 Water Street J150, Jacksonville, FL 32202.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file
a notice of consumption with the Board to signify that it has exercise
the authority granted and discontinued service over the line. If
consummation has not been effected by CSXT's filing of a notice of
consummation by April 22, 1998, and there are no legal or regulatory
barriers to consummation, the authority to discontinue will
automatically expire.
Decided: April 15, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-10234 Filed 4-21-97; 8:45 am]
BILLING CODE 4910-00-P-M
