[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Pages 27107-27108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12948]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-295 (Sub-No. 3X)]


The Indiana Rail Road Company--Discontinuance of Trackage Rights 
Exemption--in Marion County, IN

    The Indiana Rail Road Company (INRD) has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Trackage Rights to discontinue trackage rights over 
Consolidated Rail Corporation's (Conrail) Indianapolis Belt Running 
Track between milepost 0.0 at North Indianapolis, and milepost 5.3 at 
the connection between Conrail and INRD at Raymond Street, and over 
approximately 1.1 miles of the former Indianapolis Union Railway 
Company, now a portion of Conrail's St. Louis Line from approximately 
milepost 1.5, extending through ``IU'' interlocking and through the 
former Indianapolis

[[Page 27108]]

Union Station area to approximately milepost 0.4, a distance of 
approximately 6.4 miles in Indianapolis, Marion County, IN.1 
The line traverses United States Postal Service Zip Codes 46202, 46204, 
46208, 46221, 46222, and 46225.
---------------------------------------------------------------------------

    \1\ INRD has filed a notice of exemption to acquire trackage 
rights over Conrail's Indianapolis Belt Running Track (Belt Track) 
near Raymond Street, Indianapolis, IN, at approximately milepost 5.3 
and the end of Conrail's Belt Track at the connection with the 
former Norfolk and Western Railway Company at approximately milepost 
13.5, in The Indiana Rail Road Company--Trackage Rights Exemption--
Consolidated Rail Corporation, STB Finance Docket No. 33380.
---------------------------------------------------------------------------

    INRD has certified that: (1) No INRD local traffic has moved over 
the line for at least 2 years; (2) there is no INRD overhead traffic on 
the line; (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 1105.12 (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 June 15, 1997,2 unless stayed pending 
reconsideration. Petitions to stay and formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),3 must be filed by 
May 27, 1997. Petitions to reopen must be filed by June 5, 1997, with: 
Office of the Secretary, Case Control Unit, Surface Transportation 
Board, 1925 K Street, NW, Washington, DC 20423.
---------------------------------------------------------------------------

    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c)(6).
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles M. Rosenberger, 500 Water Street 
J150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

    Decided: May 13, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-12948 Filed 5-15-97; 8:45 am]
BILLING CODE 4915-00-P