[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Page 56322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25531]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1259X]


Chesapeake and Indiana Railroad Company--Discontinuance of 
Service Exemption--in Starke County, Indiana

    Chesapeake and Indiana Railroad Company, Inc. (CKIN), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR. 
1152 subpart F--Exempt Abandonments and Discontinuances of Service to 
discontinue service over an approximately 5.45-mile line of railroad 
extending between milepost CI 212.55, at or near North Judson, Ind., 
and milepost CI 218.0, at or near English Lake, Ind., in Starke County, 
Ind. (the Line). The Line, which traverses United States Postal Service 
Zip Code 46366, is owned by the Town of North Judson, Ind. (Town), 
which acquired it through an offer of financial assistance. CSX 
Transp., Inc.--Aban. Exemption--in LaPorte, Porter, & Starke Ctys., 
Ind., AB 55 (Sub-No. 643X) (STB served May 14, 2004).\1\
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    \1\ According to CKIN, the Town will continue to own the Line, 
which will host excursion passenger services operated by the Hoosier 
Valley Railroad Museum. CKIN also states that it is willing to 
consider providing freight service over the Line as a ``private 
carrier'' pursuant to contracts with individual shippers should a 
demand arise for service that is economical.
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    CKIN has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) there is no overhead traffic on the 
Line; (3) no formal complaint filed by a user of a 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 is either 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 1105.12 (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) to subsidize continued rail service has been 
received, this exemption will be effective on December 28, 2017, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be 
filed by December 8, 2017.\3\ Petitions for reconsideration must be 
filed by December 18, 2017, with the Surface Transportation Board, 395 
E Street SW., Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,800. See Regulations Governing Fees for 
Servs. Performed in Connection with Licensing & Related Servs.--2017 
Update, EP 542 (Sub-No. 25), slip op. App. C at 20 (STB served July 
28, 2017).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Because there will be an environmental review 
during abandonment, this discontinuance does not require 
environmental review.
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    A copy of any petition filed with Board should be sent to CKIN's 
representative, John D. Heffner, Strasburger & Price, LLP, 1025 
Connecticut Avenue NW., Suite 717, Washington, DC 20036.
    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.GOV.''

    Decided: November 21, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-25531 Filed 11-27-17; 8:45 am]
BILLING CODE 4915-01-P