[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]


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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.
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    \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).
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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., 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