[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Notices]
[Pages 27328-27329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12554]



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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-55 (Sub-No. 506X)]


CSX Transportation, Inc.--Abandonment Exemption--in Fannin 
County, GA

    CSX Transportation, Inc. (CSXT), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 14.23 miles of rail line extending between milepost LKX-
382.47 at McCaysville and milepost LKX-396.7 at Blue Ridge, in Fannin 
County, GA.
    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 [[Page 27329]] 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 1105.7 (environmental 
reports), 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 June 22, 1995 (unless stayed pending reconsideration). 
Petitions to stay that do not involve environmental issues,<SUP>1 
formal expressions of intent to file OFA under 49 CFR 
1152.27(c)(2),<SUP>2 and trail use/rail banking requests under 49 CFR 
1152.29 <SUP>3 must be filed by June 2, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 12, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \1\ A stay will be issued routinely where an informed decision 
on environmental issues (whether raised by a party or by the 
Commission's Section of Environmental Analysis in its independent 
investigation) cannot be made prior to the effective date of the 
notice of exemption. See Exemption of Out-of-Service Rail Lines, 5 
I.C.C.2d 377 (1989). Any entity seeking a stay on environmental 
grounds is encouraged to file promptly so that the Commission may 
act on the request before the 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 statements 
so long as it retains jurisdiction.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Charles M. Rosenberger, CSX Transportation, 
Inc., 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 May 26, 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 trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: May 16, 1995.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12554 Filed 5-22-95; 8:45 am]
BILLING CODE 7035-01-P