[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3291]

[[Page Unknown]]

[Federal Register: February 11, 1994]



[Docket No. AB-55 (Sub-No. 479X)]


CSX Transportation, Inc.; Abandonment Exemption; in Putnam and 
Owen Counties, IN

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon 
approximately 13.1 miles of rail line between milepost Q-190.0, at 
Cloverdale, and milepost Q-203.1, at Gosport, in Putnam and Owen 
Counties, IN.
    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) 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 1105.7 (environmental), 49 
CFR 1105.8 (historic requirement), 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 expressions of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on March 13, 1994, 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 statements under 49 CFR 
1152.293 must be filed by February 22, 1994. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by March 3, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.

    \1\ A stay will be routinely issued 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 involving 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 before 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.

    A copy of any petition filed with the Commission should be sent to 
applicant's representatives: 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 have filed an environmental report which addresses the effects 
of the abandonment's effect, if any, on the environment or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by February 16, 1994. Interested persons 
may obtain a copy of the EA from SEA 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 is available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 

    Decided: February 7, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Sidney L. Strickland, Jr.,
[FR Doc. 94-3291 Filed 2-10-94; 8:45 am]