42030 SERVICE DATE — LATE RELEASE
NOVEMBER 17, 2011
Docket No. AB 1053 (Sub-No. 2X)
Michigan Air-Line railway
exemption—in oakland county, mich.
Decided: November 17, 2011
This decision stays, until November 30, 2011, the effective date of the
exemption previously granted in this proceeding.
By decision served on October 19, 2011, the Board exempted from the prior
requirements of 49 U.S.C. § 10903,
Michigan Air-Line Railway Company’s (MAL Railway’s) proposed abandonment of an
approximately 5.45-mile rail line in Oakland County, Mich., extending from
milepost 45.26 (Engineer’s Profile Station 2389+72), at the west line of
Haggerty Road, to milepost 50.65 (Engineer’s Profile Station 2677+67), at the
intersection with the right-of-way of a CSX Transportation, Inc. rail line in
the City of Wixom. The exemption is
scheduled to become effective on November 18, 2011.
On November 3, 2011, American
Plastic Toys, Inc. (APT), the sole shipper on the line, filed a request for a
30-day stay of the Board’s October 19 decision, to allow APT time to complete
the unloading and return of railcars at its facility, which is located on the
line. On November 8, 2011, MAL
Railway filed a reply in which it asked the Board to deny APT’s stay
On November 10, 2011, the parties jointly filed a “Stipulated Agreement
Regarding Request for Stay of Decision,” stating that they agree: 1) to a stay of the Board’s October 19
decision, through and including November 30, 2011; and 2) that MAL Railway will
continue to provide APT with use of the line for the railcars presently in
place and contract rail services to allow APT to unload and remove the
railcars, as requested by APT and consistent with their mutual practice and
agreement, through and including November 30, 2011, and at no additional
Based upon the consent of the
parties, a stay of the effective date of the abandonment exemption, until
November 30, 2011, will be entered. Additionally,
as a result of this stay, the 1‑year time period in which MAL Railway may
consummate the authority granted to it by the Board will now end on November
30, 2012. If consummation has not been
effected by MAL Railway’s filing of a notice of consummation by this date, and
there are no legal or regulatory barriers to consummation, the authority to
abandon will automatically expire. If a
legal or regulatory barrier to consummation exists at the end of the 1-year
period, the notice of consummation must be filed no later than 60 days after
satisfaction, expiration, or removal of the legal or regulatory barrier.
This action will not
significantly affect either the quality of the human environment or the conservation
of energy resources.
It is ordered:
1. The effective date of MAL Railway’s
abandonment exemption is stayed until November 30, 2011.
2. Pursuant to the provisions of 49 C.F.R. §
1152.29(e)(2), MAL Railway shall file, by November 30, 2012, a notice of
consummation with the Board to signify that it has exercised the authority
granted in Docket No. AB 1053 (Sub-No. 2X) and fully abandoned the line. If a legal or regulatory barrier to
consummation exists at the end of the 1-year period, the notice of consummation
must be filed no later than 60 days after satisfaction, expiration, or removal
of the legal or regulatory barrier.
3. This decision is effective on its date of
By the Board, Daniel R.