Railroad services abandonment: Consolidated Rail Corp.,

[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]

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 7.70near Joseph Campau Street and approximately milepost 10.30near Woodrow Wilson Street; and (2) the Highland Park Industrial Track, between approximately milepost 7.40near Woodrow Wilson Street and approximately milepost 5.70near Cloverdale Street, in Detroit and Highland Park, Wayne County, MI.\1\ The lines traverse United States Postal Service Zip Codes 48212, 48203, and 48238.

\1\ Milepost 10.30 on the Detroit Terminal West Industrial Track is the same as milepost 7.40 on the Highland Park Industrial Track.

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.

\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).

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