[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Pages 36308-36309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17331]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 508X)]
CSX Transportation, Inc.--Abandonment Exemption--in Dickenson
County, VA
CSX Transportation, Inc. (CSXT) has filed a verified notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon 4.1-miles of rail line between milepost ZN-2.2 near Nora and
milepost ZN-6.3 at the end of the Nora Branch, in Dickenson County, VA.
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 Commission or with any U.S. District Court or has been decided
in complainant's favor within the last 2 years; and (4) the
requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8
(historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12
(newspaper publication) 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--Goshen, 360 I.C.C. 91 (1979). To address whether employees
are adequately protected, a petition for partial revocation under 49
U.S.C. 10505(d) must be filed.
This exemption will be effective August 13, 1995, unless stayed or
a statement of intent to file an offer of financial assistance (OFA) is
filed. Petitions to stay that do not involve environmental issues,\1\
statements of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking
[[Page 36309]]
requests under 49 CFR 1152.29 \3\ must be filed by July 26, 1995.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by August 3, 1995. An original and 10 copies of
any such filing must be sent to the Office of the Secretary, Case
Control Branch, Interstate Commerce Commission, Washington, DC 20423.
In addition, one copy must be served on Charles M. Rosenberger, 500
Water Street J150, Jacksonville, FL 32202.
\1\ The Commission will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Commission
in its independent investigation) cannot be made before the
exemption's effective date. See Exemption of Out-of-Service Rail
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed
as soon as possible so that the Commission may take appropriate
action before the exemption's 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 requests so
long as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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If the verified notice 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 Commission's Section of Environmental Analysis (SEA)
will issue an environmental assessment (EA) by July 19, 1995. A copy of
the EA may be obtained by writing to SEA (Room 3219, Interstate
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser
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: July 10, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-17331 Filed 7-13-95; 8:45 am]
BILLING CODE 7035-01-P
