Central Railroad Company of Indianapolis-Abandonment Exemption-in Howard County, IN, 29456 [2012-11966]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Page 29456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11966]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 511 (Sub-No. 6X)]


Central Railroad Company of Indianapolis--Abandonment Exemption--
in Howard County, IN

    Central Railroad Company of Indianapolis (CERA) has filed a 
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon 2.84 miles of rail line on its Tipton 
Industrial Lead, between mileposts 55.66 and 58.5 in Howard County, 
Ind.\1\ The line traverses United States Postal Service Zip Code 46901.
---------------------------------------------------------------------------

    \1\ By notice served and published in the Federal Register on 
July 22, 2010, CERA obtained authority to abandon the subject line 
in Central Railroad Co. of Indianapolis--Abandonment Exemption--in 
Howard County, Ind., AB 511 (Sub-No. 5X) (STB served July 22, 2010). 
That abandonment authority expired without CERA consummating the 
abandonment, and CERA has since treated the entire line as an active 
line of railroad. CERA Letter, Cent. R.R. Co. of Indianapolis--Aban. 
Exemption--in Howard Cnty., Ind., AB 511 (Sub-No. 5X) (filed July 
28, 2011).
---------------------------------------------------------------------------

    CERA has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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--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 June 16, 2012, 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 
May 29, 2012. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by June 6, 2012, with the Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) 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).
---------------------------------------------------------------------------

    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 Ave., 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. OEA will issue an environmental assessment (EA) 
by May 22, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (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 May 17, 2013, 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 
``www.stb.dot.gov.''

    Decided: May 10, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-11966 Filed 5-16-12; 8:45 am]
BILLING CODE 4915-01-P