Notices. DEPARTMENT OF TRANSPORTATION
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/register/2012/10/10/2012-24797A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-06-P 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 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]
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9 references not yet in our index
- 49 CFR 1152
- 49 CFR 1105.7(c)
- 49 CFR 1105.11
- 49 CFR 1105.12
- 49 CFR 1152.50(d)(1)
- 49 CFR 1152.27(c)(2)
- 49 CFR 1152.29
- 49 CFR 1152.28
- 49 CFR 1152.29(e)(2)
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Notices
DEPARTMENT OF TRANSPORTATION
Cite49 CFR 1152
Cite49 CFR 1105.7(c)
Cite49 CFR 1105.11
Cite49 CFR 1105.12
Cite49 CFR 1152.50(d)(1)
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