[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Page 14186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6841]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-511 (Sub-No. 4X)]


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

    Central Railroad Company of Indianapolis (CERA) \1\ has filed a 
verified notice of exemption under 49 CFR 1152 Subpart F-Exempt 
Abandonments to abandon 5.18 miles of rail line, consisting of 2.38 
miles between milepost 181.26 and milepost 183.64, on CERA's main line 
(West Kokomo line segment), and 2.8 miles between milepost 51.5 and 
milepost 54.3, on CERA's Tipton Industrial Lead (South Kokomo line 
segment), in Howard County, IN. The line traverses United States Postal 
Service Zip Codes 46901 and 46902.
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    \1\ CERA is a subsidiary of RailAmerica, Inc.
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    CERA has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line 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 (environmental report), 49 CFR 1105.8 (historic 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 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 29, 2009, 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 
April 9, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 20, 2009, 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-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\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
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    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, 600 Baltimore Avenue, Suite 301, Towson, MD 21204-4022.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CERA has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by April 3, 2009. 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), 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 March 30, 2010, 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: March 20, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-6841 Filed 3-27-09; 8:45 am]
BILLING CODE 4915-01-P