[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62401-62402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30667]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-303 (Sub-No. 17X)]
Wisconsin Central Ltd.--Abandonment Exemption--in Marquette and
Alger Counties, MI
Wisconsin Central Ltd. (WCL) has filed a notice of exemption under
49 CFR 1152 Subpart F--Exempt Abandonments abandon approximately 37.3-
mile line of railroad on the Marquette-Munising Line, between milepost
154, at a point east of Marquette, and milepost 116.7 in Munising
Junction, in Marquette and Alger Counties, MI. The line traverses
United States Postal Service Zip Codes 49806, 49822, 49855 and 49862.
WCL has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) any overhead traffic on the line can be
rerouted; (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 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 December
21, 1997, unless stayed pending reconsideration.1 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
CFR 1152.29 must be filed by December 1, 1997. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by December 11, 1997, with: Surface Transportation Board, Office of the
Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
20423.
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\1\ WCL has stated that it will not consummate the proposed
abandonment until the pending petition to revoke in Sault Ste. Marie
Bridge Company--Acquisition and Operation Exemption--Lines of Union
Pacific Railroad Company, STB Finance Docket No. 33290, has been
resolved, but that in no event will it consummate the abandonment
before January 5, 1998.
\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 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 offer of financial assistance must be accompanied by
the filing fee, which currently is set at $900. 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: Michael J. Barron, Jr., Wisconsin Central
Ltd., P.O. Box 5062, Rosemont, IL 60017-5062.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
WCL 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 November 26, 1997. 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
[[Page 62402]]
conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), WCL 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 WCL's filing of a notice of
consummation by November 21, 1998, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: November 17, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30667 Filed 11-20-97; 8:45 am]
BILLING CODE 4915-00-P
