[Federal Register Volume 59, Number 34 (Friday, February 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3770]


[[Page Unknown]]

[Federal Register: February 18, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55; Sub-No. 483X]

 

CSX Transportation, Inc.--Discontinuance of Trackage Rights 
Exemption--in Orange, Culpeper, Fauquier, Prince William, and Fairfax 
Counties, VA

    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 
on approximately 76.5 miles of rail line owned by Norfolk Southern 
Railway Company (NS) from milepost 84.7, at Orange, to milepost 8.2, at 
Alexandria, in Orange, Culpeper, Fauquier, Prince William, and Fairfax 
Counties, VA. NS will continue to provide rail service on the line.
    CSXT has certified that: (1) No CSXT local traffic has moved 
pursuant to the trackage rights operation over the line for at least 2 
years; (2) there is no CSXT 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 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 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.
    This exemption will be effective on March 20, 1994, unless stayed 
pending reconsideration. Petitions to stay must be filed by February 
28, 1994. Petitions to reopen must be filed by March 10, 1994, with: 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.1
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    \1\Because NS will continue to provide service over the line, 
there is no need to provide for trail use/rail banking or public use 
conditions, or to include offer of financial assistance language, 
routinely provided for in abandonment proceedings.
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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: February 10, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-3770 Filed 2-17-94; 8:45 am]
BILLING CODE 7035-01-P