[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Pages 37782-37783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15137]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1065 (Sub-No. 4X)]


Indiana Southwestern Railway Co.--Abandonment Exemption--in Posey 
and Vanderburgh Counties, Ind.

    Indiana Southwestern Railway Co. (ISW) has filed a verified notice 
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 20.367 miles of interconnecting rail lines (the 
Lines) in Posey and Vanderburgh Counties, Ind., as follows: (1) From 
milepost 227.5 (at Poseyville, Ind.) to milepost 243.2 (at the 
centerline of North St. Josephs Ave. near Evansville, Ind.), a total of 
approximately 15.7 miles; and (2) approximately 4.667 route miles from 
milepost 282.0 (at Poseyville, Ind.) to milepost 277.5 (at Cynthiana, 
Ind.).\1\ The Lines traverse U.S. Postal Service Zip Codes 47720, 
47633, and 47612.
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    \1\ ISW filed an errata on June 28, 2021, to correct the 
description of the Lines. According to ISW, in its original 
submissions, the locations for milepost 282.0 and milepost 277.5 
were unintentionally swapped.
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    ISW has certified that: (1) No local traffic has moved over the 
Lines for well over two years; (2) there is no overhead traffic on the 
Lines, and, if there were any, it could be rerouted over other lines; 
(3) no formal complaint filed by a user of rail service on the Lines 
(or by a state or local government entity acting on behalf of such 
user) regarding cessation of service over the Lines either is pending 
with the Surface Transportation Board (Board) or with any U.S. District 
Court or has been decided in favor of a complainant within the two-year 
period; and (4) the requirements of 49 CFR 1105.7 and 1105.8 (notice of 
environmental and

[[Page 37783]]

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 
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,\2\ the exemption will be 
effective on August 15, 2021, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by July 26, 2021.\4\ Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by August 5, 2021.
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    \2\ 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).
    \3\ 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.
    \4\ 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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    All pleadings, referring to Docket No. AB 1065 (Sub-No. 4X), should 
be filed with the Surface Transportation Board via e-filing on the 
Board's website. In addition, a copy of each pleading must be served on 
ISW's representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    ISW has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA issued a Draft Environmental 
Assessment (Draft EA) on July 9, 2021.\5\ The Draft EA is 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 by 
July 26, 2021.
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    \5\ The Draft EA used the incorrect milepost locations for the 
Lines from ISW's original submissions. Those locations will be 
corrected in the Final EA.
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    Environmental, historic preservation, public use, or interim 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), ISW shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Lines. If 
consummation has not been effected by ISW's filing of a notice of 
consummation by July 16, 2022, 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: July 13, 2021.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-15137 Filed 7-15-21; 8:45 am]
BILLING CODE 4915-01-P