[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Pages 36482-36483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17802]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-31 (Sub-No. 34X)]
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 1152 Subpart F--Exempt Abandonments to
abandon a 0.73-mile line of its railroad on the Cass City Subdivision
between milepost 0.72 and milepost 1.25 in Oakland County, Pontiac, MI.
The line traverses United States Postal Service Zip Code
48342.1
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\1\ On June 24, 1998, GTW informed the Board that the actual
mileage for the line is 0.53 instead of 0.73 as stated in its
verified notice.
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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
[[Page 36483]]
be rerouted over other GTW lines; 2 (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.
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\2\ In its environmental and historic reports, GTW stated that
traffic has not moved over this line segment in ``excess of one
year'' which conflicted with the certification in the notice of
exemption. On June 24, 1998, GTW informed the Board that no traffic
has moved over the line segment since October 1995.
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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 August 5,
1998, unless stayed pending reconsideration. Petitions to stay that do
not involve environmental issues,3 formal expressions of
intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail
use/rail banking requests under 49 CFR 1152.29 must be filed by July
16, 1998. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by July 27, 1998, with: Surface
Transportation Board, Office of the Secretary, Case Control Unit, 1925
K Street, NW, Washington, DC 20423.
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\3\ 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.
\4\ 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: Robert P. vom Eigen, 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 July 10, 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 July 6, 1999, 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: June 29, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-17802 Filed 7-2-98; 8:45 am]
BILLING CODE 4915-00-P
