Federal Register, Volume 75 Issue 144 (Wednesday, July 28, 2010)

[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44305-44306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18228]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1053X]


Michigan Air-Line Railway Co.--Abandonment Exemption--in Oakland 
County, MI

    Michigan Air-Line Railway Co. (MAL Railway), filed a verified 
notice of exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments 
to abandon approximately 2.37 miles of its line of railroad extending 
westerly from Engineer's Profile Station 2250+20 at the west line of 
Arrowhead Road to Engineer's Profile Station 2389+72 at the west line 
of Haggerty Road, in West Bloomfield Township, Oakland County, Mich.\1\ 
The line traverses United States Postal Service Zip Codes 48322 and 
48323.
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    \1\ On July 14, 2010, MAL Railway amended its notice of 
exemption.
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    MAL Railway has certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) there is no overhead traffic on the 
line that has been or 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 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 U.S.C. 10502(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 August 27, 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 
August 9, 2010.\4\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 17, 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).
    \4\ MAL Railway states that, upon abandonment of the line, it 
proposes to effectuate an agreement with the Parks & Recreation 
Commission of West Bloomfield Township (WBPRC) whereby WBPRC has 
agreed to purchase the right-of-way for use as a recreational trail.
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    A copy of any petition filed with the Board should be sent to MAL 
Railway's representative: W. Robert Alderson, Alderson, Alderson, 
Weiler, Conklin, Burghart & Crow, L.L.C., 2101 SW., 21st Street, 
Topeka, KS 66604.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MAL Railway 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 August 2, 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), MAL Railway 
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 MAL Railway's filing of a notice 
of consummation by July 28, 2011, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

[[Page 44306]]

    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

     Decided: July 20, 2010.

    By the Board, Joseph H. Dettmar Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-18228 Filed 7-27-10; 8:45 am]
BILLING CODE 4915-01-P