7792 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Notices

1 On January 11, 1973, B&A filed an application

in Docket No. AB–71 requesting permission to

abandon operations over its entire line of track of

21.1 miles, extending from Clifford Junction in

Baltimore City, MD, to the City of Annapolis, MD.

In Baltimore and Annapolis R. Co. Abandonment,

348 I.C.C. 678 (1976), B&A was permitted to

abandon operations over a portion of its line of

railroad between Glen Burnie, MD, and Annapolis

(approximately 15 miles).

On September 29, 1989, the Maryland Mass

Transit Administration filed a notice of intent in

Docket No. AB–71 (Sub-No. 2) (request for

involuntary abandonment authority) to abandon the

remaining portion of B&A’s trackage between

Clifford Junction and Glen Burnie (approximately

5.78 miles), for the purpose of constructing and

operating a regional light rail transit system. B&A

adds that in May 1991, the State took its right-ofway through a condemnation proceeding and

constructed a passenger line (Central Light Rail

Transit Line). As such, B&A presently holds no

authority from the Commission.

1A 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.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

3The Commission will accept late-filed trail use

statements so long as it retains jurisdiction.

[Finance Docket No. 32636]

Baltimore and Annapolis Railroad

Company—Acquisition and Operation

Exemption—Mid Atlantic Railroad Co.,

Inc.

Baltimore and Annapolis Railroad

Company (B&A), a non-operating

entity,1 has filed a notice of exemption

to acquire and operate approximately

75.9 miles of rail line from Mid Atlantic

Railroad Co., Inc. The lines extend: (1)

From Mullins, SC (milepost AL 326.0)

to Whiteville, NC (milepost AC 289.0);

and (2) from Chadbourn, NC (milepost

ACH 297.2) to Conway, SC (milepost

ACH 336.1). B&A states that the

acquired property will be operated by a

division of B&A. Consummation was

scheduled to take place on or before

January 15, 1995.

Any comments must be filed with the

Commission and served on: Kenneth

Pippin, 100 West Maple Road,

Linthicum, MD 21090.

This notice is filed under 49 CFR

1150.31. If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10505(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

Decided: February 2, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–3250 Filed 2–8–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–55 (Sub-No. 474X)]

CSX Transportation, Inc.—

Abandonment Exemption—in Warren

County, NC

CSX Transportation, Inc. (CSXT), has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 3.28 miles of rail line

extending (1) from milepost S–98.4 at

Norlina to milepost S–100.9 at

Ridgeway and (2) from milepost SA–

115.55 at Norlina to the end of the track

at milepost SA–114.77, in Warren

County, NC.

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 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 1105.7 (service of environmental

report on agencies), 49 CFR 1105.8

(service of historic report on State

Historic Preservation Officer), and 49

CFR 1152.50(d)(1) (service of verified

notice on governmental agencies) have

been met.

As a condition to use of this

exemption, any employee 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 has been received, this

exemption will be effective on March

11, 1995 (unless stayed pending

reconsideration). Petitions to stay that

do not involve environmental issues,1

formal expressions of intent to file offers

of financial assistance under 49 CFR

1152.27(c)(2),2 and trail use/rail banking

statements under 49 CFR 1152.29 must

be filed by February 21, 1995.3 Petitions

to reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by March 1, 1995, with: Office

of the Secretary, Case Control Branch,

Interstate Commerce Commission,

Washington, DC 20423.

A copy of any petition 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

environmental or historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by February 14, 1995.

Interested persons may obtain a copy of

the EA from SEA by writing to it at

(Room 3219, Interstate Commerce

Commission, Washington, DC 20423) or

by calling Elaine Kaiser, Chief, 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: February 2, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–3253 Filed 2–8–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–397 (Sub-No. 3X)]

Tulare Valley Railroad Company—

Abandonment and Discontinuance

Exemption—In Tulare and Fresno

Counties, CA

AGENCY: Interstate Commerce

Commission.

ACTION: Notice of Exemption.

SUMMARY: The Commission, pursuant to

49 U.S.C. 10505, exempts Tulare Valley

Railroad Company (TVR) from the prior

approval requirements of 49 U.S.C.

10903 et seq. to abandon 55.7 miles of

rail line between: (1) Milepost 51.0 near

Lac Jac and milepost 67.0 near Calwa,

in Fresno County, CA, a distance of 16

miles; (2) milepost 49.8 near Reedley

and milepost 38.5 near Cutler, in Tulare

County, CA, a distance of 11.3 miles; (3)

milepost 19.0 near Cutler and milepost

38.0 near Exeter, in Tulare County, a

distance of 19.0 miles; and (4) milepost

20.6 near Wyeth and milepost 11.2 near

Orange Cove, in Tulare County, a

distance of 9.4 miles. In addition,