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E-M:/ Rail abandonment, Orion Township, Oakland County

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

[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Page 28550-28551]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


Surface Transportation Board
[STB Docket No. AB-31 (Sub-No. 41X)]

Grand Trunk Western Railroad Incorporated--Abandonment
Exemption--in Oakland County, MI

    Grand Trunk Western Railroad Incorporated (GTW) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 0.7-mile portion of its line of railroad known as the Cass
City Subdivision from milepost 7.06 to milepost 6.36 in Orion Township,
in Oakland County, MI.\1\ The line traverses United States Postal
Service Zip Code 48359.

    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Surface Transportation Board (Board) at
least 50 days before the abandonment or discontinuance is to be
consummated. GTW initially indicated in its notice of exemption a
proposed consummation date of June 11, 2007, but because the
verified notice was filed on May 1, 2007, consummation may not take
place prior to June 20, 2007. GTW has been informed by a Board staff
member that consummation may not take place until June 20, 2007.


[[Page 28551]]

    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; (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 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 offer of
financial assistance (OFA) has been received, this exemption will be
effective on June 20, 2007, 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
May 31, 2007. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by June 11, 2007, 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
currently is set at $1,300. See 49 CFR 1002.2(f)(25).

    A copy of any petition filed with the Board should be sent to GTW's
representative: Thomas J. Healey, 17641 S. Ashland Avenue, Homewood, IL
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    GTW has filed a combined environmental report 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 May 25, 2007. 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
    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 May 21, 2008, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
    Board decisions and notices are available on our Web site at
``<A HREF="http://WWW.STB.DOT.GOV";>http://WWW.STB.DOT.GOV</A>.''

    Decided: May 11, 2007.

    By the Board, David M. Konschnik, Director, Office of
Vernon A. Williams,
[FR Doc. E7-9584 Filed 5-18-07; 8:45 am]


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