[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Page 5436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2068]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 495X)]


CSX Transportation, Inc.--Abandonment and Discontinuance 
Exemption--in Lawrence County, IN

    CSX Transportation, Inc. (CSXT) filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon its 6.7-mile line 
of railroad extending between milepost Q-245.0, at Bedford, and 
milepost Q-251.7, near Mitchell, in Lawrence County, IN. A notice of 
exemption was served and published in the Federal Register on October 
5, 1994 (59 FR 50771).
    CSXT certified that: (1) No local traffic has moved 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 
requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 
(historic report), 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.
    The Brotherhood of Locomotive Engineers filed a request to revoke 
CSXT's exemption on November 28, 1994, alleging that the notice 
contained false or misleading information. CSXT's verified notice of 
exemption was properly filed. However, the notice served and published 
on October 5, 1994, contained a ministerial error and is amended by 
this new notice and Federal Register publication.
    Because of trackage rights held by Soo Line Railroad Company's 
(SLR), CSXT may only discontinue service at this time. The 
effectiveness of this notice as to the abandonment will be contingent 
upon: (1) SLR's obtaining Commission approval or exemption to 
discontinue its trackage rights; and (2) CSXT informing any party 
requesting public use or trail use if and when such trackage rights are 
discontinued. See Missouri Pac. R. Co.--Aban.--Osage & Morris Count. 
KS, 9 I.C.C.2d 1228 (1993). Requests for public use or trail use 
conditions will not be acted upon until SLR has relinquished its 
trackage rights.
    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.
    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Charles M. Rosenberger, 500 Water St., 
J150, Jacksonville, FL 32202.
    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 Section of Environmental Analysis (SEA) issued an 
environmental assessment (EA) on by October 13, 1994 finding that 
abandonment of the line will not significantly affect the quality of 
the human environment. 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.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: January 23, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-2068 Filed 1-26-95; 8:45 am]
BILLING CODE 7035-01-P