[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Notices]
[Page 35480-35481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-88]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-167 (Sub-No. 1188X)]
Consolidated Rail Corporation--Abandonment Exemption--in Wayne
County, MI
Consolidated Rail Corporation (Conrail) has filed a notice of
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to
abandon approximately 4.3 miles of two contiguous lines of railroad as
follows: (1) the Detroit Terminal West Industrial Track, between
approximately milepost 7.70 near Joseph Campau Street and
approximately milepost 10.30 near Woodrow Wilson Street;
and (2) the Highland Park Industrial Track, between approximately
milepost 7.40 near Woodrow Wilson Street and approximately
milepost 5.70 near Cloverdale Street, in Detroit and
Highland Park, Wayne County, MI.\1\ The lines traverse United States
Postal Service Zip Codes 48212, 48203, and 48238.
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\1\ Milepost 10.30 on the Detroit Terminal West Industrial Track
is the same as milepost 7.40 on the Highland Park Industrial Track.
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Conrail has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) any overhead traffic can 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 or with any
U.S. District Court or has been decided in favor of complainant within
the 2-year period; and (4) the requirements of 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)(l) (notice to governmental agencies) have been met.
As a condition to this exemption, any employees 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 July 20, 2006, 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
[[Page 35481]]
CFR 1152.29 must be filed by June 30, 2006. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by July 10, 2006, with: Surface Transportation Board, 1925 K Street,
NW., 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-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 as of
April 19, 2006, is set at $1,300. See Regulations Governing Fees for
Service Performed in Connection With Licensing and Related Services-
2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20,
2006). See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
Conrail's representative: John K. Enright, 1000 Howard Boulevard, 4th
Floor, Mt. Laurel, NJ 08054.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Conrail has filed environmental and historic reports which address
the effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by June 23,
2006. 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) 565-1539. [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), Conrail 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 Conrail's filing of a notice of
consummation by June 20, 2007, 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: June 9, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-9563 Filed 6-19-06; 8:45 am]
BILLING CODE 4915-01-P