[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40862-40863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17117]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 31 (Sub-No. 42X)]
Grand Trunk Western Railroad Company--Abandonment Exemption--in
Macomb County, MI
Grand Trunk Western Railroad Company (GTW) filed a verified notice
of exemption under 49 CFR pt. 1152 Subpart F-Exempt Abandonments to
abandon its line of railroad between milepost 0.00 and milepost 0.42, a
distance of 0.42 miles, in Richmond, Macomb County, Mich. The line
traverses United States Postal Service Zip Code 48062.\1\
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\1\ By letter filed on July 7, 2010, GTW amended its notice of
exemption.
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GTW 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 over other 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 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
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address
whether this condition adequately protects affected employees, a
petition for partial revocation under 49 USC 10502(d) must be filed.
[[Page 40863]]
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on August 13, 2010, 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
July 26, 2010. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 3, 2010, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
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\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-Serv. 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).
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A copy of any petition filed with the Board should be sent to GTW's
representative: Thomas J. Healey, 17641 S. Ashland Avenue, Homewood,
Ill. 60430-1345.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
GTW has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. SEA will issue an environmental assessment (EA)
by July 19, 2010. 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), 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 14, 2011, 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: July 8, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-17117 Filed 7-13-10; 8:45 am]
BILLING CODE 4915-01-P