[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Notices]
[Page 53632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23014]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-602X]


Tecumseh Branch Connecting Railroad Company--Abandonment 
Exemption--in Lenawee County, MI

    Tecumseh Branch Connecting Railroad Company (TBCR) has filed a 
notice of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to 
abandon approximately 0.8 miles of railroad of the Tecumseh Branch of 
the former Detroit, Toledo & Ironton Railroad extending from TBCR's 
point of interchange with Adrian & Blissfield Rail Road Company's 
mainline at milepost 45.5 to the end of track at milepost 46.3 in the 
City of Adrian, Lenawee County, MI. The line traverses United States 
Postal Service ZIP Code 49221.
    TBCR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic to be 
rerouted; (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 OFA has been received, this 
exemption will be effective on October 11, 2003, 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 September 22, 2003. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by October 1, 2003, with: Surface Transportation Board, 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 (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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
TBCR's representative: Mr. Myles Paisley, 850 Mandoline, Madison 
Heights, MI 48071.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    TBCR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by September 
16, 2003. 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) 565-1539. [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), TBCR shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by TBCR's filing of a notice of 
consummation by September 11, 2004, 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: September 4, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-23014 Filed 9-10-03; 8:45 am]
BILLING CODE 4915-00-P