A & R Line, Inc.--Abandonment Exemption--in Cass and Pulaski Counties, IN and Toledo, Peoria & Western Railway Corporation-- Discontinuance of Service Exemption--in Cass and Pulaski Counties, IN
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[Federal Register: August 20, 2003 (Volume 68, Number 161)]
[Notices]
[Page 50214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au03-126]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket Nos. AB-855 (Sub-No. 1X) and AB-847 (Sub-No. 2X)]
A & R Line, Inc.--Abandonment Exemption--in Cass and Pulaski
Counties, IN and Toledo, Peoria & Western Railway Corporation--
Discontinuance of Service Exemption--in Cass and Pulaski Counties, IN
On July 31, 2003, A & R Line, Inc. (A&R) and Toledo, Peoria &
Western Railway Corporation (TP&W) jointly filed with the Surface
Transportation Board (Board) a petition under 49 U.S.C. 10502 for
exemption from the provisions of 49 U.S.C. 10903. A&R seeks to abandon
and TP&W seeks to discontinue service over a line of railroad known as
the A&R line extending from milepost 5.1W near Kenneth to the end of
the line at milepost 21.OW near Winamac, a distance of 15.9 miles in
Cass and Pulaski Counties, IN. The line constitutes A&R's entire line
of railroad. The line traverses United States Postal Service Zip Codes
47550, 46978, 46985 and 46996, and it includes the station of Winamac
at milepost 21.OW.
The line does not contain federally granted rights-of-way. Any
documentation in A&R's or TP&W's possession will be made available
promptly to those requesting it.
The interest of railroad employees of TP&W will be protected by the
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen,
360 I.C.C. 91 (1979). The Board generally does not impose labor
protective conditions on a railroad, such as A&R here, that is
abandoning its entire line. See, Northampton and Bath R. Co.--
Abandonment, 354 I.C.C. 784 (1978).
By issuance of this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by November 18, 2003.
Any offer of financial assistance under 49 CFR 1152.27(b)(2) will
be due no later than 10 days after service of a decision granting the
petition for exemption. Each offer must be accompanied by a $1,100
filing fee. See 49 CFR 1002.2(f)(25).
All interested persons should be aware that, following abandonment
of rail service and salvage of the line, the line may be suitable for
other public use, including interim trail use. Any request for a public
use condition under 49 CFR 1152.28 or for trail use/rail banking under
49 CFR 1152.29 will be due no later than September 9, 2003. Each trail
use request must be accompanied by a $150 filing fee. See 49 CFR
1002.2(f)(27).
All filings in response to this notice must refer to STB Docket
Nos. AB-855 (Sub-No. 1X) and AB-847 (Sub-No. 2X) and must be sent to:
(1) Surface Transportation Board, 1925 K Street NW., Washington, DC
20423-0001; and (2) Louis E. Gitomer, Ball Janik LLP, 1455 F St., NW.,
Suite 225, Washington, DC 20005. Replies to the petition are due on or
before September 9, 2002.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Services at (202)
565-1592 or refer to the full abandonment or discontinuance regulations
at 49 CFR part 1152. Questions concerning environmental issues may be
directed to the Board's Section of Environmental Analysis (SEA) at
(202) 565-1539. [Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]
An environmental assessment (EA) (or environmental impact statement
(EIS), if necessary), prepared by SEA will be served upon all parties
of record and upon any agencies or other persons who commented during
its preparation. Other interested persons may contact SEA to obtain a
copy of the EA (or EIS). EAs in these abandonment proceedings normally
will be made available within 60 days of the filing of the petition.
The deadline for submission of comments on the EA will generally be
within 30 days of its service.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov
.
Decided: August 11, 2003.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-21033 Filed 8-19-03; 8:45 am]
BILLING CODE 4915-00-P
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