[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Notices]
[Pages 548-549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28509]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 167 (Sub-No. 1194X)]
Consolidated Rail Corporation--Abandonment Exemption--in
Indianapolis, Ind.
Consolidated Rail Corporation (Conrail) has filed a verified notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon approximately 1.28 miles of rail line from approximately
milepost 179.52 to approximately milepost 180.80, an out-of-service section of a rail line known as Thorne
Secondary, Line Code 8206, in the City of Indianapolis, Ind. (the
Line). The Line traverses U.S. Postal Service Zip Code 46219.
Conrail has certified that: (1) No local or overhead traffic has
moved over the Line for at least two years; (2) any overhead traffic
that has or could move over the Line can be rerouted; (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 any U.S. District Court or has been
decided in favor of a complainant within the two-year period; and (4)
the requirements at 49 CFR 1105.12 (newspaper publication), 49 CFR
1152.50(d)(1) (notice to governmental agencies), and 49 CFR 1105.7 and
1105.8 (environmental and historic report) 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) \1\ has been received, this exemption will
be effective on February 5, 2020, unless stayed pending
reconsideration. Petitions to stay that do not involve environmental
issues,\2\
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formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),
and trail use/rail banking requests under 49 CFR 1152.29 must be filed
by January 16, 2020.\3\ Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by January 27, 2020, with
the Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001.
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\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\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\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
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A copy of any petition filed with the Board should be sent to
Conrail's representative, Benjamin C. Dunlap, Jr., Nauman, Smith,
Shissler and Hall, LLP, 200 North Third Street, 18th Floor, Harrisburg,
PA 17101.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Conrail has filed a combined environmental and historic report that
addresses the potential effects of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by January 31, 2020. The EA will be available to interested persons on
the Board's website, by writing to OEA, or by calling OEA at (202) 245-
0305. Assistance for the hearing impaired is available through the
Federal 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), Conrail 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 Conrail's filing a notice of
consummation by January 6, 2021, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available at www.stb.gov.
Decided: December 31, 2019.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-28509 Filed 1-3-20; 8:45 am]
BILLING CODE 4915-01-P