[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Notices]
[Page 35423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16724]



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

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 509X)]


CSX Transportation, Inc.--Abandonment Exemption--in Belmont 
County, OH

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 15.04 miles 
of rail line between milepost BP-0.19 at Bellaire and milepost BP-15.23 
at Lamira, in Belmont County, OH.1

    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Commission at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant, 
in its verified notice, indicated a proposed consummation date of 
June 28, 1995. Because the verified notice was not filed until June 
19, 1995, consummation should not have been proposed to take place 
before August 8, 1995. Applicant's representative has corrected the 
notice on June 27, 1995, and stated that the proposed consummation 
date is August 14, 1995.
---------------------------------------------------------------------------

    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 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 reports), 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 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 (OFA) has been received, this exemption will be 
effective on August 6, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,2 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 
1152.29 4 must be filed by July 17, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 27, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \2\ A stay will be issued routinely 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 on 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 prior to the effective 
date of this exemption.
    \3\ See Exempt. of Rail Abandonment Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\ The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------

    A copy of any pleading 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.
    CSXT filed an environmental report which addresses the effects of 
the abandonment, if any, on the environment and historic resources. The 
Commission's Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by July 12, 1995. 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. 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: June 27, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 95-16724 Filed 7-6-95; 8:45 am]
BILLING CODE 7035-01-P