Grand Trunk Western Railroad IncorporatedAbandonment Exemptionin Oakland County, MI

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-31 (Sub-No. 34X)]

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 0.73-mile line of its railroad on the Cass City Subdivision

between milepost 0.72 and milepost 1.25 in Oakland County, Pontiac, MI.

The line traverses United States Postal Service Zip Code

48342.1

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\1\ On June 24, 1998, GTW informed the Board that the actual

mileage for the line is 0.53 instead of 0.73 as stated in its

verified notice.

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GTW has certified that: (1) No local traffic has moved over the

line for at least 2 years; (2) any overhead traffic that previously

moved over the line can

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be rerouted over other GTW lines; 2 (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.

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\2\ In its environmental and historic reports, GTW stated that

traffic has not moved over this line segment in ``excess of one

year'' which conflicted with the certification in the notice of

exemption. On June 24, 1998, GTW informed the Board that no traffic

has moved over the line segment since October 1995.

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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 August 5,

1998, unless stayed pending reconsideration. Petitions to stay that do

not involve environmental issues,3 formal expressions of

intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail

use/rail banking requests under 49 CFR 1152.29 must be filed by July

16, 1998. Petitions to reopen or requests for public use conditions

under 49 CFR 1152.28 must be filed by July 27, 1998, with: Surface

Transportation Board, Office of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423.

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\3\ 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 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.

\4\ Each offer of financial assistance must be accompanied by

the filing fee, which currently is set at $1000. See 49 CFR

1002.2(f)(25).

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A copy of any petition filed with the Board should be sent to

applicant's representative: Robert P. vom Eigen, Esq., Hopkins &

Sutter, 888 Sixteenth Street, NW, Washington, DC 20006.

If the verified notice contains false or misleading information,

the exemption is void ab initio.

GTW has filed an environmental report which addresses the

abandonment's effects, if any, on the environment and historic

resources. The Section of Environmental Analysis (SEA) will issue an

environmental assessment (EA) by July 10, 1998. 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)

565-1545. 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), 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 July 6, 1999, 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 website at

``WWW.STB.DOT.GOV.''

Decided: June 29, 1998.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98-17802 Filed 7-2-98; 8:45 am]

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