[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Page 40856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19771]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 507X)]


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

    CSX Transportation, Inc. (CSXT) has filed a verified notice under 
49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon 0.35-miles 
rail of rail line between milepost AC-208.07 and milepost AC-208.42 at 
the end of track in Wallace, Duplin 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 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 complainant's favor within the last 2 years; and (4) the 
requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 
(historic report), 49 CFR 1105.11 (transmittal letter), and 
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12 
(newspaper publication) 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 
employees are adequately protected, a petition for partial revocation 
under 49 U.S.C. 10505(d) must be filed.
    This exemption will be effective September 7, 1995, unless stayed 
or a statement of intent to file an offer of financial assistance (OFA) 
is filed. Petitions to stay that do not involve environmental 
issues,1 statements of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 
1152.29 3 must be filed by August 18, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by August 28, 1995. An original and 10 copies of any such filing must 
be sent to the Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423. In addition, one copy must 
be served on Charles M. Rosenberger, 500 Water Street J150, 
Jacksonville, FL 32202.

    \1\ The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
in its independent investigation) cannot be made before the 
exemption's effective date. See Exemption of Out-of-Service Rail 
Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed 
as soon as possible so that the Commission may take appropriate 
action before the exemption's 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 requests so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    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 Commission's Section of Environmental Analysis (SEA) 
will issue an environmental assessment (EA) by August 11, 1995. A copy 
of the EA may be obtained by writing to SEA (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: August 4, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-19771 Filed 8-9-95; 8:45 am]
BILLING CODE 7035-01-P