[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42815-42816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17972]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1064X]


Fulton County, LLC--Abandonment Exemption--in Fulton County, IN

    Fulton County, LLC (FC), filed a verified notice of exemption under 
49 CFR 1152 subpart F--Exempt Abandonments to abandon its line of 
railroad between milepost 96.9, a point 200 feet north of East 18th 
Street, and milepost 95.6, the end of track at the northwest property 
line of Wabash Road, a distance of 1.3 miles, in Rochester, Fulton 
County, Ind. The line traverses United States Postal Service Zip Code 
46975.
    FC has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to be rerouted; 
(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 
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 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 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, this exemption will be 
effective on August 21, 2010, 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 
August 2, 2010. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 11, 2010, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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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 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to FC's 
representative: Thomas F. McFarland, 208 South LaSalle Street, Suite 
1890, Chicago, IL 60604-1112.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    FC has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an

[[Page 42816]]

environmental assessment (EA) by July 27, 2010. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 1100, Surface 
Transportation Board, Washington, DC 20423-0001) or by calling SEA, at 
202-245-0305. 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, historic 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), FC 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 FC's filing of a notice of consummation by July 
22, 2011, 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 http://www.stb.dot.gov.

    Decided: July 16, 2010.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-17972 Filed 7-21-10; 8:45 am]
BILLING CODE 4915-01-P