[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42814-42815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17973]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 511 (Sub-No. 5X)]
Central Railroad Company of Indianapolis--Abandonment Exemption--
in Howard County, IN
Central Railroad Company of Indianapolis (CERA) filed a verified
notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments to abandon 2.84 miles of rail line on CERA's Tipton
Industrial Lead between milepost 55.66 and milepost 58.5, in Howard
County, Ind. The line traverses United States Postal Service Zip Code
46901.\1\
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\1\ On July 8, 2010, CERA filed a correction to its notice of
exemption.
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CERA has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line can be
rerouted over other lines; (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
[[Page 42815]]
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 1105.7 (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 this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line Railroad
& The Union Pacific Railroad--Abandonment Portion Goshen Branch Between
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 August 21, 2010, 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 must be filed by
August 2, 2010.\4\ Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 11, 2010, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
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\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 (SEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
\4\ CERA notes that the property proposed for abandonment is
suitable for other public purposes. However, CERA states that CERA
and the Indiana Department of Transportation (INDOT) have entered
into an agreement where, upon receipt of abandonment authority, CERA
proposes to convey 4.671 acres of land to INDOT to further a highway
construction project.
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A copy of any petition filed with the Board should be sent to
CERA's representative: Melanie B. Yasbin, Law Offices of Louis E.
Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CERA has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. SEA will issue an environmental assessment (EA)
by July 27, 2010. Interested persons may obtain a copy of the EA by
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling SEA, at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service (FIRS) at 1-800-877-8339. 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.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), CERA shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by CERA's filing of a notice of
consummation by July 22, 2011, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: July 16, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-17973 Filed 7-21-10; 8:45 am]
BILLING CODE 4915-01-P