[Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
[Notices]
[Page 57249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28046]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-55 (Sub-No. 516X)]


CSX Transportation, Inc.--Abandonment Exemption--in Floyd County, 
KY

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.96-mile 
portion of its rail line (known as the Stephens Branch) between 
milepost COP-0.0 and milepost COP-1.96 at the end of the track, near 
Marrs, in Floyd County, KY.
    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 this 
line (or a state or local government entity acting on behalf of such 
user) regarding cessation of service over the line is either 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 report), 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.
    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.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on December 14, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,1 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking statements under 49 CFR 
1152.29 must be filed by November 24, 1995.3 Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by December 4, 1995, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423-2191.

    \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 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 a late-filed trail use request so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition 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 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 November 17, 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 other trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.

    Decided: November 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-28046 Filed 11-13-95; 8:45 am]
BILLING CODE 7035-01-P