[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Notices]
[Page 38420-38421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-136]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket Nos. AB-55 (Sub-No. 635X) and AB-364 (Sub-No. 9X)]
CSX Transportation, Inc.--Abandonment Exemption--in Gratiot
County, MI; Mid-Michigan Railroad, Inc.--Discontinuance of Service
Exemption--in Gratiot County, MI
CSX Transportation, Inc. (CSXT) and Mid-Michigan Railroad, Inc.
(MMR) have filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances of Service for CSXT to abandon
and MMR to discontinue service over approximately 5.5 miles of railroad
from milepost CBE-40.00 at Alma, to milepost CBE-45.5 at Elwell, in
Gratiot County, MI. The line traverses United States Postal Service Zip
Codes 48801 and 48832.
CSXT and MMR have 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; (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 or discontinuance 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, these exemptions will be
effective on July 29, 2003, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to
[[Page 38421]]
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 July 7, 2003. Petitions
to reopen or requests for public use conditions under 49 CFR 1152.28
must be filed by July 17, 2003, with: Surface Transportation Board,
1925 K Street NW., Washington, DC 20423-0001.
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\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).
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A copy of any petition filed with the Board should be sent to
applicants' representative: Natalie S. Rosenberg, CSX Transportation,
Inc., 500 Water Street J150, Jacksonville, FL 32202.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
CSXT and MMR have filed an environmental report which addresses the
effects, if any, of the abandonment and discontinuance on the
environment and historic resources. SEA will issue an environmental
assessment (EA) by July 3, 2003. Interested persons may obtain a copy
of the EA by writing to SEA (Room 500, Surface Transportation Board,
Washington, DC 20423-0001) or by calling SEA, at (202) 565-1552.
[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), CSXT 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 CSXT's filing of a notice of
consummation by June 27, 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
``WWW.STB.DOT.GOV.''
Decided: June 19, 2003.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-16045 Filed 6-26-03; 8:45 am]
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