82 FR 34733 - Winamac Southern Railway Company-Abandonment Exemption-in Kokomo, Howard County, Ind.; US Rail Holdings, LLC-Abandonment Exemption-in Kokomo, Howard County, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 142 (July 26, 2017)

Page Range		34733-34733
FR Document		2017-15677
Federal Register, Volume 82 Issue 142 (Wednesday, July 26, 2017)
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Page 34733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15677]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1254X; Docket No. AB 1255X]


Winamac Southern Railway Company--Abandonment Exemption--in 
Kokomo, Howard County, Ind.; US Rail Holdings, LLC--Abandonment 
Exemption--in Kokomo, Howard County, Ind.

    Winamac Southern Railway Company (WSRY) and US Rail Holdings, LLC 
(USRH) (collectively, Applicants), have jointly filed a verified notice 
of exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments for 
WSRY and USRH to abandon 2.38 miles of rail line, known as the 
Russiaville Line, between milepost 181.26, at the west right-of-way 
(ROW) line of Webster Street, and the end of the line at milepost 
183.64, at the south ROW line of Defenbaugh Street, in Kokomo, Howard 
County, Ind. (the Line).\1\ The Line traverses United States Postal 
Service Zip Code 46901.
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    \1\ In 2009, Applicants were authorized to jointly acquire the 
Line in addition to another line, pursuant to an agreement with 
Central Railroad Company of Indianapolis, through the offer of 
financial assistance (OFA) process. See Cent. R.R. Co. of Ind.--
Abandonment Exemption--in Howard Cty., Ind., AB 511 (Sub-No. 4X) 
(STB served June 11, 2009). Applicants state that the other rail 
line acquired through the OFA process remains under the joint 
ownership of Applicants and is not part of this proceeding.
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    Applicants have 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 that overhead traffic, if there 
were any, 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 (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 1105.7(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 these exemptions, 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, these exemptions will be 
effective on August 25, 2017, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
August 4, 2017. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 15, 2017, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \2\ 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 exemptions' 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 exemptions' effective 
date.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
Applicants' representative: Thomas F. McFarland, Thomas F. McFarland, 
P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have 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 July 31, 2017. 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 1-800-877-8339. 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), Applicants 
shall file a notice of consummation with the Board, either jointly or 
individually, to signify that each has exercised the authority granted 
and fully abandoned the Line. If consummation has not been effected by 
Applicants' filing of a notice of consummation by July 26, 2018, 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.GOV.

    Decided: July 21, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-15677 Filed 7-25-17; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices 34733

revoke will not automatically stay the at least two years; (2) no overhead traffic If the verified notice contains false or
effectiveness of the exemption. has moved over the Line for at least two misleading information, the exemptions
An original and 10 copies of all years and that overhead traffic, if there are void ab initio.
pleadings, referring to Docket No. FD were any, could be rerouted over other Applicants have filed a combined
36135, must be filed with the Surface lines; (3) no formal complaint filed by environmental and historic report that
Transportation Board, 395 E Street SW., a user of rail service on the Line (or by addresses the effects, if any, of the
Washington, DC 20423–0001. In a state or local government entity acting abandonment on the environment and
addition, a copy of each pleading must on behalf of such user) regarding historic resources. OEA will issue an
be served on applicant’s representative, cessation of service over the Line either environmental assessment (EA) by July
Jeremy M. Berman, Union Pacific is pending with the Surface 31, 2017. Interested persons may obtain
Railroad Company, 1400 Douglas Street, Transportation Board (Board) or with a copy of the EA by writing to OEA
STOP 1580, Omaha, NE 68179. any U.S. District Court or has been (Room 1100, Surface Transportation
According to UP, this action is decided in favor of complainant within Board, Washington, DC 20423–0001) or
categorically excluded from the two-year period; and (4) the by calling OEA at (202) 245–0305.
environmental review under 49 CFR requirements at 49 CFR 1105.7(c) Assistance for the hearing impaired is
1105.6(c) and historic reporting under (environmental report), 49 CFR 1105.11 available through the Federal
49 CFR 1105.8(b)(3). (transmittal letter), 49 CFR 1105.12 Information Relay Service (FIRS) at 1–
Board decisions and notices are (newspaper publication), and 49 CFR 800–877–8339. Comments on
available on our Web site at 1152.50(d)(1) (notice to governmental environmental and historic preservation
WWW.STB.GOV. agencies) have been met. matters must be filed within 15 days
Decided: July 21, 2017. after the EA becomes available to the
As a condition to these exemptions,
By the Board, Rachel D. Campbell,
public.
any employee adversely affected by the Environmental, historic preservation,
Director, Office of Proceedings. abandonment shall be protected under public use, or trail use/rail banking
Marline Simeon, Oregon Short Line Railroad— conditions will be imposed, where
Clearance Clerk. Abandonment Portion Goshen Branch appropriate, in a subsequent decision.
[FR Doc. 2017–15704 Filed 7–25–17; 8:45 am] Between Firth & Ammon, in Bingham & Pursuant to the provisions of 49 CFR
BILLING CODE 4915–01–P Bonneville Counties, Idaho, 360 I.C.C. 1152.29(e)(2), Applicants shall file a
91 (1979). To address whether this notice of consummation with the Board,
condition adequately protects affected either jointly or individually, to signify
SURFACE TRANSPORTATION BOARD employees, a petition for partial that each has exercised the authority
[Docket No. AB 1254X; Docket No. AB revocation under 49 U.S.C. 10502(d) granted and fully abandoned the Line. If
1255X] must be filed. consummation has not been effected by
Provided no formal expression of Applicants’ filing of a notice of
Winamac Southern Railway intent to file an offer of financial consummation by July 26, 2018, and
Company—Abandonment Exemption— assistance (OFA) has been received, there are no legal or regulatory barriers
in Kokomo, Howard County, Ind.; US these exemptions will be effective on to consummation, the authority to
Rail Holdings, LLC—Abandonment August 25, 2017, unless stayed pending abandon will automatically expire.
Exemption—in Kokomo, Howard reconsideration. Petitions to stay that do Board decisions and notices are
County, Ind. not involve environmental issues,2 available on our Web site at
Winamac Southern Railway Company formal expressions of intent to file an WWW.STB.GOV.
(WSRY) and US Rail Holdings, LLC OFA under 49 CFR 1152.27(c)(2),3 and Decided: July 21, 2017.
(USRH) (collectively, Applicants), have trail use/rail banking requests under 49 By the Board, Rachel D. Campbell,
jointly filed a verified notice of CFR 1152.29 must be filed by August 4, Director, Office of Proceedings.
exemption under 49 CFR pt. 1152 2017. Petitions to reopen or requests for Brendetta S. Jones,
subpart F—Exempt Abandonments for public use conditions under 49 CFR Clearance Clerk.
WSRY and USRH to abandon 2.38 miles 1152.28 must be filed by August 15, [FR Doc. 2017–15677 Filed 7–25–17; 8:45 am]
of rail line, known as the Russiaville 2017, with the Surface Transportation
BILLING CODE 4915–01–P
Line, between milepost 181.26, at the Board, 395 E Street SW., Washington,
west right-of-way (ROW) line of Webster DC 20423–0001.
Street, and the end of the line at A copy of any petition filed with the SUSQUEHANNA RIVER BASIN
milepost 183.64, at the south ROW line Board should be sent to Applicants’ COMMISSION
of Defenbaugh Street, in Kokomo, representative: Thomas F. McFarland,
Howard County, Ind. (the Line).1 The Thomas F. McFarland, P.C., 208 South Projects Approved for Consumptive
Line traverses United States Postal LaSalle Street, Suite 1666, Chicago, IL Uses of Water
Service Zip Code 46901. 60604.
Applicants have certified that: (1) No AGENCY: Susquehanna River Basin
local traffic has moved over the Line for 2 The Board will grant a stay if an informed
Commission.
decision on environmental issues (whether raised ACTION: Notice.
1 In 2009, Applicants were authorized to jointly by a party or by the Board’s Office of Environmental
acquire the Line in addition to another line, Analysis (OEA) in its independent investigation) SUMMARY: This notice lists the projects
mstockstill on DSK30JT082PROD with NOTICES

pursuant to an agreement with Central Railroad cannot be made before the exemptions’ effective approved by rule by the Susquehanna
Company of Indianapolis, through the offer of date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
River Basin Commission during the
financial assistance (OFA) process. See Cent. R.R.
Co. of Ind.—Abandonment Exemption—in Howard be filed as soon as possible so that the Board may period set forth in DATES.
Cty., Ind., AB 511 (Sub-No. 4X) (STB served June take appropriate action before the exemptions’ DATES: June 1–30, 2017.
11, 2009). Applicants state that the other rail line effective date.
ADDRESSES: Susquehanna River Basin
acquired through the OFA process remains under 3 Each OFA must be accompanied by the filing

the joint ownership of Applicants and is not part fee, which is currently set at $1,700. See 49 CFR Commission, 4423 North Front Street,
of this proceeding. 1002.2(f)(25). Harrisburg, PA 17110–1788.

VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1
Document Created: 2017-07-26 01:29:45
Document Modified: 2017-07-26 01:29:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 34733