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)

[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