[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Page 24350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12053]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board1
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    \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 and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to proceedings 
that were pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction under 49 U.S.C. 
10903. Therefore, citations are to former sections of the statute.
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[Docket No. AB-289 (Sub-No. 3X), AB-290 (Sub-No. 168X)]


Central Railroad Company of Indianapolis--Discontinuance of 
Service Exemption--Between Kokomo and Argos in Howard, Miami, Fulton, 
and Marshall Counties, IN; Norfolk and Western Railway Company--
Abandonment Exemption--Between Kokomo and Rochester in Howard, Miami, 
and Fulton Counties, IN

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption and interim trail use DOT.

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SUMMARY: The Board exempts from the prior approval requirements of 49 
U.S.C. 10903-04: (a) Norfolk and Western Railway Company's (N&W) 
abandonment of its line between milepost I-57.2 at or near Kokomo, IN, 
and milepost I-74.2, at Peru, IN; (b) N&W's discontinuance of service 
over the segment of the line between milepost I-74.2, at Peru, and 
milepost I-95.6, at or near Rochester, IN, and abandonment of this line 
segment, provided that the abandonment of this segment may not be 
consummated until Indiana Hi-Rail Corporation's discontinuance of its 
trackage rights over this segment has been authorized; and (c) Central 
Railroad Company of Indianapolis's discontinuance of service over 51.4 
miles of rail line between milepost I-57.2, at or near Kokomo, and 
milepost I-108.6 at or near Argos, IN, in Howard, Miami, Fulton, and 
Marshall Counties, IN, subject to standard employee protective, 
environmental, trail use, and public use conditions.

DATES: Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on June 13, 1996. Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2) 2 and requests for interim trail use/
rail banking under 49 CFR 1152.29 must be filed by May 24, 1996. 
Petitions to stay must be filed by May 29, 1996. Requests for a public 
use condition must be filed by June 3, 1996. Petitions for reopening 
must be filed by June 10, 1996.
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    \2\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).

ADDRESSES: Send pleadings, referring to Docket Nos. AB-289 (Sub-No. 3X) 
and AB-290 (Sub-No. 168X), to: (1) Surface Transportation Board, Office 
of the Secretary, Case Control Branch, 1201 Constitution Avenue, N.W., 
Washington, DC 20423-0001; and (2) Petitioners' representatives: Thomas 
F. McFarland, Jr., Belnap, Spencer, McFarland and Herman, 20 North 
Wacker Drive, Suite 3118, Chicago, IL 60606-3101; and Robert J. Cooney, 
Senior General Attorney, Norfolk Southern Corporation, Three Commercial 
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Place, Norfolk, VA 23510-2191.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-7513. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: DC NEWS & DATA, INC., Room 2229, 1201 
Constitution Avenue, N.W., Washington, DC 20423-0001. Telephone: (202) 
289-4357/4359. [Assistance for the hearing impaired is available 
through TDD services at (202) 927-5721.]

    Decided: April 26, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-12053 Filed 5-13-96; 8:45 am]
BILLING CODE 4915-00-P