[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24028]
[Federal Register: September 28, 1994]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 494X)]
CSX Transportation, Inc.--Discontinuance of Trackage Rights
Exemption--Vanderburgh, Warrick, Gibson, and Pike Counties, IN
CSX Transportation, Inc. (CSXT), has filed a notice of exemption
under 49 CFR Part 1152 Subpart F--Exempt Abandonments and
Discontinuances of Trackage Rights to discontinue its trackage rights
over approximately 26.9 miles of rail line owned by Indiana Southern
Railroad, Inc. (ISRR) (1) Extending from milepost 163.9, at Straight
Line Junction near Evansville, to milepost 140.2, at Gray Junction, and
(2) extending from milepost 0.0, at Gray Junction, to milepost 3.2, at
Oakland City Junction, in Vanderburgh, Warrick, Gibson and Pike
Counties, IN.1 CSXT indicates that ISRR will continue to provide
rail service over the line.
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\1\Under 49 CFR 1152.50(d)(2), the railroad must file a verified
notice with the Commission at least 50 days before the abandonment
or discontinuance is to be consummated. The applicant, in its
verified notice tendered for filing August 24, 1994, indicated a
proposed consummation date of October 17, 1994. Because the original
filing fee was not received with that filing, a new filing date of
September 8, 1994, was entered when a replacement check was
received. Now the earliest possible consummation date is October 28,
1994. Applicant's representative has confirmed that the correct
consummation date is on or after October 28, 1994.
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CSXT has certified with respect to the trackage rights involved
here that: (1) No local traffic has moved over the line for at least 2
years; (2) any overhead traffic on the line has been rerouted over
other lines; (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 1105.12 (newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental agencies) have been met.2
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\2\No environmental or historical documentation is required here
under 49 CFR 1105.6(b)(3).
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As a condition to use of this exemption, any employee adversely
affected by the discontinuance 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 October 28, 1994, unless stayed pending reconsideration.
Petitions to stay must be filed by October 11, 1994. Petitions to
reopen must be filed by October 18, 1994, with: Office of the
Secretary, Case Control Branch, Interstate Commerce Commission,
Washington, DC 20423.3
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\3\Because this is only a discontinuance proceeding and ISRR
will continue to provide service over the line, the routine
provisions for trail use/rail banking or public use conditions
provided for in abandonment proceedings are not appropriate here.
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A copy of any petition 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.
Decided: September 20, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-24028 Filed 9-27-94; 8:45 am]
BILLING CODE 7035-01-P
