[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42587-42588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20273]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 511X)]
CSX Transportation, Inc.--Abandonment Exemption--in Hamilton
County, IL
CSX Transportation, Inc. (CSXT) has filed a notice of exemption
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 2.64 miles
of rail line between milepost HS-377.77 at Thackeray and milepost HS-
380.41 at Wheeler Creek Mine, in Hamilton County, IL.
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 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 reports), 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 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
[[Page 42588]]
assistance (OFA) has been received, this exemption will be effective on
September 15, 1995, 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
August 28, 1995. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by September 5, 1995,
with: Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423.
\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 the
Commission to review and act on the request prior to 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 pleading filed with the Commission should be sent to
applicant's representative: Charles M. Rosenberger, 500 Water Street
J150, Jacksonville, FL 32202.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CSXT filed an environmental report which addresses the effects of
the abandonment, if any, on the environment and historic resources. The
Commission's Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by August 21, 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: August 9, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-20273 Filed 8-15-95; 8:45 am]
BILLING CODE 7035-01-P
