[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Notices]
[Pages 20506-20507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10209]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-55 (Sub-No. 505X)]


CSX Transportation, Inc.--Abandonment Exemption--in Lee County, 
NC

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 0.46 miles of rail line extending between milepost AE-
245.06 and milepost AE-244.6 in Sanford, Lee County, NC.
    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 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 (service of environmental report on 
agencies), 49 CFR 1105.8 (service of historic report on State Historic 
Preservation Officer), and 49 CFR 1152.50(d)(1) (service of verified 
notice on governmental agencies) have been met.
    As a condition to use of this exemption, any employee 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 expression of intent to file an offer of 
financial assistance has been received, this exemption will be 
effective on May 26, 1995 (unless stayed pending reconsideration). 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file offers of financial assistance under 49 
CFR 1152.27(c)(2),\2\ and trail use/rail banking statements under 49 
CFR 1152.29 must be filed by May 8, 1995.\3\ Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 16, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \1\A stay will be issued routinely 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 on environmental 
grounds is encouraged to file promptly so that the Commission may 
act on the request before the 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 statements so 
long as it retains jurisdiction.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Charles M. Rosenberger, CSX Transportation, 
Inc., 500 Water Street J150, Jacksonville, FL 32202.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio. [[Page 20507]] 
    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) will issue an 
environmental assessment (EA) by May 1, 1995. Interested persons may 
obtain a copy of the EA by writing to SEA at (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 conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: April 19, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-10209 Filed 4-25-95; 8:45 am]
BILLING CODE 7035-01-P