[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Notices]
[Pages 4520-4521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2364]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-31 (Sub-No. 31X)]
Grand Trunk Western Railroad, Incorporated--Abandonment
Exemption--in Oakland County, MI
Grand Trunk Western Railroad Incorporated (GTW) has filed a notice
of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon a 0.72-mile line of its railroad between milepost MP-0.0 (south
end) and MP-0.72 (north of Tregent Street) on the Cass City Subdivision
in Pontiac, Oakland County, MI. The line traverses United States Postal
Service Zip Code 48342.
GTW has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic that previously
moved over the line can be rerouted over other GTW 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 LineR. 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
[[Page 4521]]
financial assistance (OFA) has been received, this exemption will be
effective on February 28, 1998, 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 February 9, 1998. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by February 18, 1998, 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 $900. See 49 CFR
1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: Robert P. vom Eigen, Esq., Rachel Danish
Campbell, Esq., Hopkins & Sutter, 888 Sixteenth Street, NW.,
Washington, DC 20006.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
GTW 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 3, 1998. 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), GTW 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 GTW's filing of a notice of
consummation by January 29, 1999, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: January 22, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-2364 Filed 1-28-98; 8:45 am]
BILLING CODE 4915-00-P
