[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Notices]
[Pages 12133-12134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7152]



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

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
---------------------------------------------------------------------------

[STB Docket No. AB-55 (Sub-No. 524X)]


CSX Transportation, Inc.--Abandonment Exemption--In Harlan 
County, KY

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 3.23 miles of its line of railroad between milepost WC-
262.3 at Cumberland and milepost WC-265.53 at the end of CSXT ownership 
near Lynch, in Harlan 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 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 Board or with any U.S. District Court or has been decided in 
favor of 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 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. 10502(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 April 24, 1996, 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 April 4, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 15, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis 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 Board may 
take appropriate action before the exemption's effective date.
    \3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\ The Board 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.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles M. Rosenberger, Senior Counsel, CSX 
Transportation, Inc., 500 Water Street J150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed an environmental report which addresses the 
abandonments effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis

[[Page 12134]]
(SEA) will issue an environmental assessment (EA) by March 29, 1996. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
3219, Surface Transportation Board, 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: March 18, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-7152 Filed 3-22-96; 8:45 am]
BILLING CODE 4915-00-P