Wisconsin Central Ltd.-Abandonment Exemption-in Manitowoc County, WI, 8930 [E8-2764]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Notices]
[Page 8930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2764]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-303 (Sub-No. 30X)]


Wisconsin Central Ltd.--Abandonment Exemption--in Manitowoc 
County, WI

    Wisconsin Central Ltd. (WCL),\1\ has filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.16-mile line of railroad between milepost 43.14 and milepost 44.30, 
in Manitowoc, Manitowoc County, WI. The line traverses United States 
Postal Service Zip Code 54220.
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    \1\ WCL is a wholly owned subsidiary of Canadian National 
Railway Company.
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    WCL has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the line 
to 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 
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)(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 March 18, 2008, 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 CFR 1152.29 must be filed by 
February 25, 2008.\4\ Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 6, 2008, with 
the Surface Transportation Board, 395 E Street, SW., 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 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ WCL notes in its verified notice of exemption that it has 
contracted with Burger Boat Company to sell its interest in a part 
of the land at issue once the abandonment authority has been 
consummated.
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    A copy of any petition filed with the Board should be sent to WCL's 
representative: Thomas J. Healey, 17641 S. Ashland Avenue, Homewood, IL 
60430-1345.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WCL has filed a combined environmental and historic report 
addressing the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by February 22, 2008. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 245-0305. [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), WCL shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line.\5\ If 
consummation has not been effected by WCL's filing of a notice of 
consummation by February 15, 2009, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
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    \5\ Although WCL has indicated that it will not consummate the 
abandonment until a Memorandum of Agreement has been reached with 
the State of Historic Preservation Officer, the earliest this 
transaction may be consummated is March 18, 2008. See 49 CFR 
1152.50(d)(2).
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    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-2764 Filed 2-14-08; 8:45 am]
BILLING CODE 4915-01-P