[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Notices]
[Page 53197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25278]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-167 (Sub-No. 1150X)]


Consolidated Rail Corporation--Discontinuance of Trackage Rights 
Exemption--in Vigo County, IN

    Consolidated Rail Corporation (Conrail) 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 
over 4.9 miles of rail line owned by CSX Transportation, Inc. (CSXT), 
known as the Otter Creek rail line. The trackage rights to be 
discontinued involve two zones: (1) Zone 1, between Haley (CSXT 
milepost LZA 176.5) and Dewey Junction (CSXT milepost LZA 173.8) in 
Terre Haute, IN; and (2) zone 2, between Dewey Junction (CSXT milepost 
LZA 173.8) and Otter Creek Junction (CSXT milepost LZA 171.6) near 
North Terre Haute, IN.
    Conrail has certified with respect to the trackage rights involved 
here that: (1) No local traffic has moved over the line for at least 2 
years; (2) no overhead traffic has moved over 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 1152.50(d)(1) (notice to governmental agencies) have been 
met.1

    \1\No environmental or historical documentation is required here 
under 49 CFR 1105.6(b)(3).
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    As a condition to 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.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on November 11, 1995, unless stayed pending reconsideration. 
Petitions to stay must be filed by October 23, 1995. Petitions to 
reopen must be filed by November 1, 1995, with: Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.2

    \2\Because this is a discontinuance proceeding only, the routine 
provisions for trail use/rail banking or public use conditions 
provided for in abandonment proceedings are not appropriate here.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: John J. Paylor, Consolidated Rail 
Corporation, Two Commerce Square, 2001 Market Street, P.O. Box 41416, 
Philadelphia, PA 19101-1416.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.

    Decided: October 5, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25278 Filed 10-11-95; 8:45 am]
BILLING CODE 7035-01-P