[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13047]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-412X]

 

Indiana Southern Railroad, Inc.--Abandonment Exemption--in 
Daviess and Greene Counties, IN

    Indiana Southern Railroad, Inc. (ISRR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon a 
18.20-mile portion of its Petersburg Subdivision between milepost 76.0, 
at or near Worthington, IN, and milepost 94.2, at or near Elnora, IN, 
located in Daviess and Greene Counties, IN.
    ISRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic has been 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 Commission or with any U.S. District Court 
or has been decided in favor of the 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 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. 10505(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 June 26, 1994, 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 
1152.293 must be filed by June 6, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 16, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \1\ A stay will be issued routinely by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of 
Environmental Analysis in its independent investigation) cannot be 
made before the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit the 
Commission to review and act on the request before the effective 
date of this exemption.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\ The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Karl Morell, 1101 Pennsylvania Avenue, 
N.W., Washington, DC 20004.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    ISRR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by June 1, 1994. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Interstate 
Commerce Commission, 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 is 
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: May 20, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-13047 Filed 5-26-94; 8:45 am]
BILLING CODE 7035-01-P