[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Pages 18020-18021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8718]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-364 (Sub-No. 16X)]


Mid-Michigan Railroad, Inc.--Abandonment Exemption--in Muskegon 
County, MI

    Mid-Michigan Railroad, Inc. (MMRR), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 3.35-mile 
line of railroad between milepost 191.40 and milepost 194.75, at the 
end of the

[[Page 18021]]

line, in Muskegon County, MI.\1\ The line traverses United States 
Postal Service Zip Codes 49441, 49442, and 49444.
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    \1\ The Board previously exempted the abandonment of the 3.35-
mile line in Mid-Michigan Railroad, Inc.--Abandonment Exemption--in 
Muskegon County, MI, STB Docket No. AB-364 (Sub-No. 13X) (STB served 
Dec. 10, 2007). However, the authority to abandon the line expired 
because MMRR did not file its notice of consummation by the December 
10, 2008 deadline. In a decision served on February 25, 2009, MMRR 
was advised that, should it wish to abandon the line, it must seek 
appropriate Board authority with a new filing.
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    MMRR 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 May 20, 2009, 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 
April 30, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by May 11, 2009, with the 
Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-
0001.
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    \2\ 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 (SEA) 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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
MMRR's representative: Louis E. Gitomer, Law Offices of Louis E. 
Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MMRR has filed a combined environmental report and historic report 
which addresses the effects, if any, of the abandonment on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by April 24, 2009. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 1100, Surface Transportation Board, 
Washington, DC 20423-0001) or by calling SEA, at (202) 245-0305. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.] 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 the line. If 
consummation has not been effected by MMRR's filing of a notice of 
consummation by April 20, 2010, 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 Web site at http://www.stb.dot.gov.

    Decided: April 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-8718 Filed 4-17-09; 8:45 am]
BILLING CODE 4915-01-P