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E-M:/ Rail Abandonment in Adrian

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

[Federal Register: September 11, 2003 (Volume 68, Number 176)]
[Page 53632]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]


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.

     \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).

     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-
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
     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
<A HREF="http://www.stb.dot.gov";>www.stb.dot.gov</A>.

     Decided: September 4, 2003.

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

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