40928                                 SERVICE DATE – JULY 22, 2010

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 511 (Sub-No. 5X)]

Central Railroad Company of Indianapolis―Abandonment Exemption—in Howard County, Ind.

            Central Railroad Company of Indianapolis (CERA) filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon 2.84 miles of rail line on CERA’s Tipton Industrial Lead between milepost 55.66 and milepost 58.5, in Howard County, Ind.  The line traverses United States Postal Service Zip Code 46901.[1]

            CERA has certified that:  (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line 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 complainant within the 2-year period; and (4) the requirements at 49 C.F.R. § 1105.7 (environmental report), 49 C.F.R. § 1105.8 (historic report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 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 & The Union Pacific 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 August 21, 2010, unless stayed pending reconsideration.  Petitions to stay that do not involve environmental issues,[2] formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c)(2),[3] and trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by August 2, 2010.[4]  Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by August 11, 2010, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.

            A copy of any petition filed with the Board should be sent to CERA’s representative:  Melanie B. Yasbin, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD  21204.

            If the verified notice contains false or misleading information, the exemption is void ab initio.

            CERA has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources.  SEA will issue an environmental assessment (EA) by July 27, 2010.  Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC  20423-0001) or by calling SEA, 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 C.F.R. § 1152.29(e)(2), CERA 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 CERA’s filing of a notice of consummation by July 22, 2011, 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 website at “WWW.STB.DOT.GOV.”

            Decided:  July 16, 2010.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.