[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Notices]
[Page 9738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4621]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-846X and STB Docket No. AB-344 (Sub-No. 2X)]


Illinois Indiana Development Company, LLC--Abandonment 
Exemption--in LaPorte County, IN; Chicago Southshore & South Bend 
Railroad--Discontinuance of Service Exemption--in LaPorte County, IN

    Illinois Indiana Development Company, LLC (IIDC) and Chicago 
Southshore & South Bend Railroad (CSS) have filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of 
Service for IIDC to abandon and CSS to discontinue service over an 
approximately 0.6-mile line of railroad from approximately milepost 
157.9, near Dickson Street in Michigan City, northwest across Trail 
Creek to approximately milepost 158.5, near U.S. Highway 12, in LaPorte 
County, IN. The line traverses United States Postal Service Zip Code 
46360.
    IIDC and CSS have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) overhead traffic, if any, 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 reports), 49 CFR 1105.8 (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 these exemptions, any employee adversely affected 
by the abandonment or discontinuance 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, these exemptions will be 
effective on March 30, 2003, 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 1152.29 must be filed by 
March 10, 2003. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 20, 2003, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423.
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    \1\ 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 exemptions' 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 exemptions' 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: Troy W. Garris, Weiner Brodsky Sidman Kider 
PC, 1300 Nineteenth Street, NW., Fifth Floor, Washington, DC 20036-
1609.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by March 5, 2003. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 500, Surface Transportation Board, 
Washington DC 20423) or by calling SEA, at (202) 565-1552. (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, historical 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), IIDC 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 IIDC's filing of a notice of 
consummation by February 28, 2004, 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 
www.stb.dot.gov.

    Decided: February 21, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-4621 Filed 2-27-03; 8:45 am]
BILLING CODE 4915-00-P