[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50217-50218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24099]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 512X)]
CSX Transportation, Inc.; Abandonment Exemption; in Ohio County,
KY
CSX Transportation, Inc. (CSXT) has filed a verified notice under
49 CFR part 1152 subpart F--Exempt Abandonments to abandon 5.38-miles
of rail line between milepost LHE-114.22 at Kronos and milepost LHE-
108.84 at Centertown, in Ohio County, KY.
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), 1152.50(d)(1)
(notice to government agencies), and 49 CFR 1105.12 (newspaper
publication) 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
employees are adequately protected, a petition for partial revocation
under 49 U.S.C. 10505(d) must be filed.
This exemption will be effective on October 25, 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 requests under 49 CFR
1152.29 \3\ must be filed by October 5, 1995. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by October 16, 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 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 Commission's Section of Environmental Analysis (SEA)
will issue an environmental assessment (EA) by August 29, 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
[[Page 50218]]
conditions will be imposed, where appropriate, in a subsequent
decision.
Decided: September 20, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24099 Filed 9-27-95; 8:45 am]
BILLING CODE 7035-01-P
