[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35659-35660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14078]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 290 (Sub-No. 348X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--in Tipton and Howard Counties, Ind.

    Norfolk Southern Railway Company (NSR) filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over an approximately 
10.8-mile rail line between milepost I-41.0 (north of Market Road near 
Tipton) and milepost

[[Page 35660]]

I-51.8 (near the intersection of E. Lincoln Road and Home Avenue, in 
Kokomo), in Tipton and Howard Counties, Ind. The line traverses United 
States Postal Service Zip Codes 46068, 46072, 46901, and 46902.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least two years; (2) no overhead traffic has moved over the 
line for at least two years, and if there were any overhead traffic, it 
could 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 
or with any U.S. District Court or has been decided in favor of 
complainant within the two-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 discontinuance of service 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 July 13, 2013, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \1\ must be filed by June 24, 2013.\2\ Petitions 
to reopen must be filed by July 3, 2013, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because NSR is seeking to discontinue service, not to 
abandon the line, trail use/rail banking and public use conditions 
are not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to NSR's 
representative: Robert A. Wimbish, Baker & Miller PLLC, 2401 
Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: June 7, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-14078 Filed 6-12-13; 8:45 am]
BILLING CODE 4915-01-P