[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14862-14863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7195]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-308 (Sub-No. 4X)]


Central Michigan Railway Company--Abandonment Exemption--in Kent 
County, MI

    Central Michigan Railway Company (CMRY) has filed a verified notice 
of exemption under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon 
an approximately 1.75-mile line of railroad, consisting of the 
following three interconnected segments: (1) A line (segment A) 
extending from milepost 157.96 (at the switch connection with the east-
west aligned tracks of the Mid-Michigan Railroad, Inc. (MMR) near the 
intersection of Taylor Avenue and Quimby Street) through valuation map 
marker 9+87.2 (the location of the south wye, or Press Track, switch 
adjacent to Monroe Avenue) and continuing to the end of the track at a 
point immediately north of Michigan Street/Bridge Street; (2) a line 
(segment B) extending from valuation map marker 3+00 (at a switch 
connection with a line of MMR immediately at the east end of the MMR 
bridge spanning the Grand River) to a connection with segment A at 
valuation map marker 9+87.2 (at the south wye switch); and (3) a line 
(segment C) extending from valuation map marker 0+00 (at a point of 
connection with the east-west aligned MMR line immediately to the east 
of the MMR line's bridge spanning the Grand River) due northward to 
valuation map marker 11+15.0 (approximately 250 feet south of Ann 
Street),\1\ in Grand Rapids, Kent County, MI. The line traverses United 
States Postal Service Zip Codes 49503 and 49505.
---------------------------------------------------------------------------

    \1\ CMRY states that, except for the northern connection of 
segment A to the rail line of MMR, the line does not possess 
milepost markers. For that reason CMRY has supplied valuation map 
markers where available, and other geographic points of reference to 
better identify the terminal points of each segment of the line.
---------------------------------------------------------------------------

    CMRY has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic that would 
need 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 a complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8 (historic report), 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.

[[Page 14863]]

    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on May 1, 2009, 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 must be filed by 
April 13, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 21, 2009, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
CMRY's representative: William A. Mullins, 2401 Pennsylvania Ave., NW., 
Suite 300, Washington, DC 20037.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CMRY has filed environmental and historic reports, which addresses 
the effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 6, 
2009. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 245-0305. [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), CMRY 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 CMRY's filing of a notice of 
consummation by April 1, 2010, 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: March 25, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-7195 Filed 3-31-09; 8:45 am]
BILLING CODE 4915-01-P