[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Pages 8161-8162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3976]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-325 (Sub-No. 1X)]


Florida Midland Railroad Company, Inc.--Abandonment Exemption--in 
Polk County, FL

    Florida Midland Railroad Company, Inc. (FMID) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
an approximately 0.18-mile line of railroad on the Lake Wales Spur from 
milepost SV-967.47 at Scenic Highway to milepost SV-967.65 at Fourth 
Street, in Lakes Wales, Polk County, FL. The line traverses United 
States Postal Service Zip Code 33853.
    FMID 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 
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 March 20, 
1999, unless

[[Page 8162]]

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 March 1, 1999. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by March 10, 1999, with: Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423.
---------------------------------------------------------------------------

    \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 $1000. See 49 CFR 
1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: Thomas J. Litwiler, Oppenheimer Wolff & 
Donnelly, Two Prudential Plaza, 45th Floor, 180 North Stetson Avenue, 
Chicago, IL 60601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    FMID 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 February 23, 1999. 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 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), FMID 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 FMID's filing of a notice of 
consummation by February 18, 2000, 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: February 12, 1999.

    By the Board, Joseph H. Dettmar, Acting, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-3976 Filed 2-17-99; 8:45 am]
BILLING CODE 4915-00-P