[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Notices]
[Pages 27328-27329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12554]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 506X)]
CSX Transportation, Inc.--Abandonment Exemption--in Fannin
County, GA
CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 14.23 miles of rail line extending between milepost LKX-
382.47 at McCaysville and milepost LKX-396.7 at Blue Ridge, in Fannin
County, GA.
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 [[Page 27329]] 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.
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.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on June 22, 1995 (unless stayed pending reconsideration).
Petitions to stay that do not involve environmental issues,1
formal expressions of intent to file 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 June 2, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 12, 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 pleading 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 environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by May 26, 1995. 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 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: May 16, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12554 Filed 5-22-95; 8:45 am]
BILLING CODE 7035-01-P
