Federal Register, Volume 75 Issue 152 (Monday, August 9, 2010)

[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Pages 47879-47880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19540]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 295 (Sub-No. 8X)]


The Indiana Rail Road Company--Abandonment Exemption--in Sullivan 
County, IN

    The Indiana Rail Road Company (INRD) filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to 
abandon a 4.37-mile portion of its Kindill Lead extending from milepost 
3.1 to milepost 7.47, in Sullivan County, Ind.\1\ The line traverses 
United States Postal Service Zip Codes 47438 and 47882.
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    \1\ On July 23, 2010, INRD amended its notice of exemption.
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    INRD has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line (there 
is none) 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 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(c) (environmental 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 September 8, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to

[[Page 47880]]

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 19, 2010. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by August 30, 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 Sec.  1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
INRD's representative: John Broadley, John H. Broadley & Associates, 
P.C., 1054 31st Street, NW., Suite 540, Washington, DC 20007.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    INRD 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 August 13, 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), INRD 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 INRD's filing of a notice of 
consummation by August 9, 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: August 4, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-19540 Filed 8-6-10; 8:45 am]
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