[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Pages 54155-54156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27600]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-534 (Sub-No. 1X)]


Lake State Railway Company--Abandonment Exemption--in Alpena 
County, MI

    Lake State Railway Company (Lake State) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its 8-mile line of railroad between milepost 0.0 near Alpena, and 
milepost 8.0 near Hillman, in Alpena County, MI. The line traverses 
United States Postal Service Zip Code 49707.
    Lake State has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) there has been no overhead traffic 
moving over the line during this time; (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.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 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 November 
16, 1997, unless stayed pending reconsideration. Petitions to stay that 
do 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 must be filed by October 
27, 1997. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by November 6, 1997, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, 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\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Kelvin J. Dowd, Esq., Slover & Loftus, 1224 
Seventeenth Street, N.W., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Lake State 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 October 22, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. Comments on environmental and historic preservation matters 
must be filed within 15 days

[[Page 54156]]

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), Lake State 
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 Lake State's filing of a notice 
of consummation by October 17, 1998, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.

    Decided: October 9, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27600 Filed 10-16-97; 8:45 am]
BILLING CODE 4915-00-P