[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28559-28560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13225]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-364 (Sub-No. 4X)]


Mid-Michigan Railroad, Inc.--Abandonment Exemption--in Kent and 
Ionia Counties, MI

    Mid-Michigan Railroad, Inc. (MMRR) has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 5-mile 
line of its railroad between milepost 105.5, near Lowell, and milepost 
110.5, at Elmdale, in Kent and Ionia Counties, MI. The line traverses 
United States Postal Service Zip Codes 49331 and 49302.
    MMRR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no local or overhead 
traffic on the line during the past 2 years; (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 June 25, 
1999, 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 June 7, 
1999. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by June 15, 1999, 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 $1000. 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: Karl Morel, Ball Janik LLP, 1455 F St., 
N.W., Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MMRR has filed an environmental report which addresses the effects, 
if any, of the abandonment on the

[[Page 28560]]

environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by May 28, 
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), MMRR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by MMRR's filing of a notice of 
consummation by May 26, 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: May 19, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-13225 Filed 5-25-99; 8:45 am]
BILLING CODE 4915-00-P