[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20318]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-308 (Sub-No. 2X]

 

Central Michigan Railway Company--Abandonment Exemption--In Bay 
County, MI

    Central Michigan Railway Company (CMGN)\1\ has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its line of railroad, known as the Brown Hoist/South Water Spur, in Bay 
City, Bay County, MI. The line consists of two segments, totalling 
approximately 3.54 miles: (1) the Brown Hoist segment, extending 
between milepost 0.00 and milepost 1.16, a distance of approximately 
1.16 miles, and (2) the South Water Street segment, extending between a 
connection with the Brown Hoist segment at milepost 0.85 (also known as 
milepost 6.35) and milepost 3.97, a distance of approximately 2.38 
miles.
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    \1\CMGN is affiliated with the Detroit and Mackinac Railway 
Company, both of which are class III rail carriers. The Detroit and 
Mackinac Railway Company owns, but does not currently operate, rail 
lines between Bay City and the northern portions of the Lower 
Peninsula of Michigan.
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    CMGN has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic moves or could move 
over the line (the stub-ended Brown Hoist/South Water Spur is not a 
through route and thus cannot be utilized for overhead traffic); (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 
Commission or with any U.S. District Court or has been decided in favor 
of the 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 use of 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. 10505(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 17, 1994, 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\4\ be filed by 
August 29, 1994. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 7, 1994, 
with: Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.
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    \2\A stay will be issued routinely by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of 
Environmental Analysis in its independent investigation) cannot be 
made prior to the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit this 
Commission to review and act on the request before the effective 
date of this exemption.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Thomas J. Litwiler, Two Prudential Plaza, 
45th Floor, 180 North Stetson Ave., Chicago, IL, 60601.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    CMGN has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by August 23, 1994. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
Chief of SEA, at (202) 927-6248. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA is 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: August 10, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20318 Filed 8-17-94; 8:45 am]
BILLING CODE 7035-01-P