[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51107-51108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20754]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35658]


Mineral Range, Inc.--Acquisition and Operation Exemption--Rail 
Line of Lake Superior & Ishpeming Railroad Company

    Mineral Range, Inc. (MRI), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Lake Superior 
& Ishpeming Railroad Company (LSI) and to operate over: (1) 12.06 miles 
of rail line between milepost 73.60 at or near Landing Junction and 
milepost 85.66 at or near Humboldt Junction in Marquette County, Mich. 
(Segment 1); and (2) 1.90 miles of railbanked railroad right-of-way 
between milepost 85.66 at or near Humboldt Junction and milepost 87.56 
at or near Humboldt in Marquette County, Mich. (Segment 2).
    On January 19, 2005, a decision and notice of interim trail use or 
abandonment (NITU) was served in Lake Superior & Ishpeming Railroad--
Abandonment Exemption--In Marquette County, Mich., AB 68 (Sub-No. 4X), 
establishing a 180-day period under the National Trails System Act, 16 
U.S.C. 1247(d), for LSI to negotiate an interim trail use/rail banking 
agreement for a segment of rail line extending from Humboldt Junction 
(milepost 85.66) to the end of the line at Republic Mine (milepost 
94.5), a distance of approximately 8.9 miles that includes Segment 2. 
Trail negotiations

[[Page 51108]]

were successful and an agreement was reached between LSI and the 
Michigan Department of Natural Resources (MDNR). MRI now seeks to 
reinstitute rail service over Segment 2 as a successor in interest to 
LSI, an action with which LSI expressly concurs. The remaining portion 
of the railbanked right-of-way subject to the NITU south of Humboldt 
(milepost 87.56) would continue to be railbanked and used by MDNR as a 
recreational trail and is not at issue here.\1\
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    \1\ MRI simultaneously filed a petition for partial vacation of 
the NITU issued in Lake Superior & Ishpeming Railroad--Abandonment 
Exemption--in Marquette County, Mich., AB 68 (Sub-No. 4X) (STB 
served Jan. 19, 2005). The petition will be addressed in a separate 
decision.
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    MRI certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier, and that the projected annual revenues of MRI to be 
created by the subject transaction do not exceed $5 million.
    The transaction is scheduled to be consummated on or after 
September 6, 2012 (30 days after the exemption is filed).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke does not automatically stay the transaction. Petitions to stay 
must be filed no later than August 30, 2012 (at least seven days before 
the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35658 must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleasing must be served on Thomas F. McFarland, 208 South LaSalle 
Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 20, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-20754 Filed 8-22-12; 8:45 am]
BILLING CODE 4915-01-P