[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Notices]
[Pages 793-794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-181]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-488X]
Ludington & Northern Railway, Inc.--Abandonment Exemption--in
Mason County, MI
Ludington & Northern Railway, Inc. (L&N) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon
its entire line of railroad from the south line of Michigan Highway 116
in Hamlin Township south and east through Pere Marquette Township to
terminus in the city of Ludington, in Mason County, MI, a distance of
2.54 miles.
L&N has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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 CFR 1105.7 (environmental
reports), 49 CFR 1105.8 (historic reports), 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.
Where, as here, the carrier is abandoning its entire line, the
Board does not normally impose labor protection under 49 U.S.C.
10505(g) unless the evidence indicates the existence of a corporate
affiliate that will: (1) continue rail operations; or (2) realize
significant benefits in addition to being relieved of the burden of
deficit operations by its affiliated railroad. See T and P Railway-
Abandonment-in Shawnee, Jefferson and Atchison Counties, KS, Docket No.
AB-381, et. al. (ICC served Apr. 27, 1993). Because these conditions do
not appear to exist here, employee protection conditions will not be
imposed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on February 5, 1997, unless stayed pending reconsideration.
Petitions to stay that do
[[Page 794]]
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 3 must be filed by January
16, 1997. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by January 27, 1997, with: Office of
the Secretary, Case Control Branch, Surface Transportation Board, 1201
Constitution Avenue, N.W., Washington, DC 20423.
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\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist.,
4 I.C.C.2d 164 (1987).
\3\ The Board will accept late-filed trail use requests as long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Thomas F. McFarland, Jr., Attorney for
Ludington & Northern Railway, Inc., McFarland & Herman, 20 North Wacker
Drive, Suite 1330, Chicago, IL 60606-2902.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
L&N has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by January 10, 1997. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: December 30, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams
Secretary.
[FR Doc. 97-181 Filed 1-3-97; 8:45 am]
BILLING CODE 4915-00-P