[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Pages 9743-9744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5694]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-459 (Sub-No. 1X)]
Central Railroad Company of Indiana--Abandonment Exemption--in
Dearborn County, IN
Central Railroad Company of Indiana (CIND) filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
approximately 2.3-miles of its rail line from milepost 22.4 near
Lawrenceburg Junction to milepost 24.7 near Dearborn Junction, in
Dearborn County, IN.
CIND has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) arrangements have
[[Page 9744]]
been made to reroute overhead traffic 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 use of 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 April 10, 1996, 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 4 must be filed by March 21, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 1, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, NW.,
Washington, DC 20423.
\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 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.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\4\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Jo A. DeRoche, Esq., Weiner, Brodsky,
Sidman & Kider, P.C., 1350 New York Ave., NW., Suite 800, Washington,
DC 20005-4797.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CIND has filed an environmental report which addresses the
abandonments effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 15, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of 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 29, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5694 Filed 3-8-96; 8:45 am]
BILLING CODE 4915-00-P
