[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]
[Page 19987-19988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-99]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-295 (Sub-No. 6X)]
The Indiana Rail Road Company--Abandonment Exemption--in Monroe
County, IN
The Indiana Rail Road Company (INRD) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a
2.44-mile portion of its Ellettsville Branch from milepost Q216.13 near
Loesch Road to the end of the line at Ellettsville, milepost Q213.69,
in Monroe County, IN. The line traverses United States Postal Service
ZIP Codes 47404 and 47429.
INRD 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 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 reports), 49 CFR
1105.8 (historic reports), 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 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. 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 May 17, 2005, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
April 25, 2005. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by May 5, 2005, with the
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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\1\ 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-Service 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.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,200. See 49 CFR 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 200, Washington, DC 20007.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
INRD has filed an 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 April 22,
2005. Interested persons may obtain a copy of the EA by writing to SEA
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or
by calling SEA, at (202) 565-1539. (Assistance for the hearing impaired
is available through the Federal
[[Page 19988]]
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 April 15, 2006, 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: April 6, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-7487 Filed 4-14-05; 8:45 am]
BILLING CODE 4915-01-P