Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Notices 45917

2The 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 Outof-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.

3Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $900. See 49 CFR 1002.2(f)(25).

1W&LE seeks expedited handling of this petition

and requests that the exemption be made effective

by November 1, 1997, or soon thereafter. In support

of its request, W&LE states that the almost $130,000

that is expected from salvage of the track materials

on this line is vital to its short-term viability. If the

record supports an abandonment, we will attempt

to accommodate W&LE’s request.

2EAs in these abandonment proceedings are

normally available within 60 days of the filing of

the petition, but SEA will attempt to issue the EA

earlier in an effort to accommodate W&LE’s request

for expedited handling.

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

September 30, 1997, unless stayed

pending reconsideration. Petitions to

stay that do not involve environmental

issues,2 formal expressions of intent to

file an OFA under 49 CFR

1152.27(c)(2),3 and trail use/rail banking

requests under 49 CFR 1152.29 must be

filed by September 8, 1997. Petitions to

reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by September 18, 1997, with:

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW, Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: John R. Nadolny, Esq.,

General Counsel, Law Department,

Boston and Maine Corporation, Iron

Horse Park, No. Billerica, MA 01862.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

B&M 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 September 3, 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

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), B&M 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

B&M’’ s filing of a notice of

consummation by August 28, 1998, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Decided: August 21, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–23054 Filed 8–28–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–227 (Sub-No. 10X)]

Wheeling & Lake Erie Railway

Company—Abandonment Exemption—

in Stark County, OH

On August 12, 1997, Wheeling & Lake

Erie Railway Company (W&LE) filed

with the Surface Transportation Board

(Board) a petition under 49 U.S.C. 10502

for exemption from the provisions of 49

U.S.C. 10903 to abandon a line of

railroad known as the Massillon Branch,

extending from milepost 22.05 at Run

Junction, near Navarre, OH, to the end

of the track at milepost 16.40, near

Massillon, OH, which traverses U.S.

Postal Service ZIP Codes 44647, 44618,

44662, and 44616, a distance of 5.65

miles, in Stark County, OH. The line

includes the station of Massillon at

approximately milepost 16.

The line does not contain federally

granted rights-of-way. Any

documentation in the railroad’s

possession will be made available

promptly to those requesting it.

The interest of railroad employees

will be protected by Oregon Short Line

R. Co.—Abandonment—Goshen, 360

I.C.C. 91 (1979).

By issuance of this notice, the Board

is instituting an exemption proceeding

pursuant to 49 U.S.C. 10502(b). A final

decision will be issued no later than

November 28, 1997.1

Any offer of financial assistance

(OFA) under 49 CFR 1152.27(b)(2) will

be due no later than 10 days after

service of a decision granting the

petition for exemption. Each OFA must

be accompanied by the filing fee, which

currently is set at $900. See 49 CFR

1002.2(f)(25).

All interested persons should be

aware that, following abandonment of

rail service and salvage of the line, the

line may be suitable for other public

use, including interim trail use. Any

request for a public use condition under

49 CFR 1152.28 or for trail use/rail

banking under 49 CFR 1152.29 will be

due no later than September 18, 1997.

Each trail use request must be

accompanied by a $150 filing fee. See 49

CFR 1002.2(f)(27).

All filings in response to this notice

must refer to STB Docket No. AB–227

(Sub-No. 10X) and must be sent to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001; and (2) William C. Sippel,

Oppenheimer Wolff & Donnelly, Two

Prudential Plaza, 45th Floor, 180 North

Stetson Avenue, Chicago, IL 60601.

Persons seeking further information

concerning abandonment procedures

may contact the Board’s Office of Public

Services at (202) 565–1592 or refer to

the full abandonment or discontinuance

regulations at 49 CFR part 1152.

Questions concerning environmental

issues may be directed to the Board’s

Section of Environmental Analysis

(SEA) at (202) 565–1545. (TDD for the

hearing impaired is available at (202)

565–1695.)

An environmental assessment (EA) (or

environmental impact statement (EIS), if

necessary) prepared by SEA will be

served upon all parties of record and

upon any agencies or other persons who

commented during its preparation. Any

other persons who would like to obtain

a copy of the EA (or EIS) may contact

SEA. The EA in this proceeding will be

issued by September 19, 1997.2 The

deadline for submission of comments on

the EA will generally be within 30 days

of its service.

Decided: August 20, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–23055 Filed 8–28–97; 8:45 am]

BILLING CODE 4915–00–P