[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Page 19653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10234]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 546X)]


CSX Transportation, Inc.--Discontinuance of Trackage Rights 
Exemption--in Marion Country, IN

    CSX Transportation, Inc. (CSXT) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Trackage Rights to discontinue trackage rights over approximately 13.50 
miles of Consolidated Rail Corporation's (Conrail) Indianapolis Belt 
Running Track, between milepost 0.0 at North Indianapolis and milepost 
13.5 at Conrail's Indianapolis Belt Running Track's connection with the 
former Norfolk and Western Railway Company, in Marion County, IN.
    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 Surface Transportation Board (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 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co--
Abandonment--Coshen, 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 May 22, 1997,\1\ unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2),\2\ must be filed by May 2, 1997. Petitions to 
reopen must be filed by May 12, 1997, with: Office of the Secretary, 
Case Control Unit, Surface Transportation Board, 1925 K Street, N.W., 
Washington, DC 20423.
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    \1\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/railbanking and public use conditions are not 
appropriate. Likewise, no environmental or historical documentation 
is required here under 49 CFR 1105.6(c)(6).
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file 
a notice of consumption with the Board to signify that it has exercise 
the authority granted and discontinued service over the line. If 
consummation has not been effected by CSXT's filing of a notice of 
consummation by April 22, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to discontinue will 
automatically expire.

    Decided: April 15, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-10234 Filed 4-21-97; 8:45 am]
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