[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61657-61658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24797]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1102X]


Indiana Northeastern Railroad Company--Abandonment Exemption--In 
Branch and St. Joseph Counties, MI

    Indiana Northeastern Railroad Company (IN) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon 19.37 miles of rail line located between 
milepost 81.32 near Coldwater in Branch County, Mich., and milepost 
100.69 near Sturgis in St. Joseph County, Mich. (the Line). The Line 
traverses United States Postal Service Zip Codes 49036, 49028, 49030 
and 49091.
    IN has certified that: (1) No local traffic has moved over the Line 
for at least two years; (2) overhead traffic on the Line, 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 a 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(c) (environmental 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 November 8, 2012, 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 
October 19, 2012. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 29, 2012, with 
the Surface Transportation Board, 395 E

[[Page 61658]]

Street SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) 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 $1,600. See Regulations Governing Fees for Servs. 
Performed in Connection with Licensing and Related Servs.--2012 
Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Carl M. Miller, Miller & Harants, 618 
Professional Park Drive, New Haven, IN 46774.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    IN has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 12, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1 (800) 877-3339. 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), IN 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 filing of a notice of consummation by October 9, 
2013, 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: October 2, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-24797 Filed 10-9-12; 8:45 am]
BILLING CODE 4915-01-P