Wisconsin Central Ltd.-Abandonment Exemption-in Fond Du Lac County, WI, 78974-78975 [2011-32522]
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78974
Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices
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16:28 Dec 19, 2011
Jkt 226001
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[FR Doc. 2011–32546 Filed 12–19–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 303 (Sub-No. 38X)]
Wisconsin Central Ltd.—Abandonment
Exemption—in Fond Du Lac County,
WI
Wisconsin Central Ltd. (WCL) 1 filed a
verified notice of exemption under
49 CFR pt. 1152 subpart F—Exempt
Abandonments to abandon
approximately 0.60 miles of rail line
between mileposts 175.40 and 176.00,
in Fond Du Lac, Fond Du Lac County,
Wis. The line traverses United States
Postal Service Zip Code 54936.
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; (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 the complainant
within the 2-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental 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 Railroad—Aband.
1 WCL is a wholly owned, indirect subsidiary of
Canadian National Railway Company.
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
Portion Goshen Branch between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 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 January
18, 2012, 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 December
29, 2011. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by January 9,
2012, with the Surface Transportation
Board, 395 E Street SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to WCL’s
representative: Thomas J. Healey, 17641
S. Ashland Ave., Homewood, IL 60430.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
WCL has filed a combined
environmental and historic report
which addresses the effects, if any, of
the abandonment on the environment
and historic resources. OEA will issue
an environmental assessment (EA) by
December 23, 2011. Interested persons
may obtain a copy of the EA by writing
to OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA at (202)
245–0305. Assistance for the hearing
impaired is available through the
Federal Information Relay Service 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
2 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) 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). Requests 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 is currently set at $1,500. See 49 CFR
1002.2(f)(25).
E:\FR\FM\20DEN1.SGM
20DEN1
Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices
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 December 19, 2012,
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
www.stb.dot.gov.
Decided: December 15, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–32522 Filed 12–19–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35572]
Pennsylvania & Southern Railway,
LLC—Acquisition, Lease and
Operation Exemption—CSX
Transportation, Inc.
jlentini on DSK4TPTVN1PROD with NOTICES
Pennsylvania & Southern Railway,
LLC (PSCC), a Class III carrier, has filed
a verified notice of exemption under 49
CFR 1150.41 to: (1) Acquire from CSX
Transportation, Inc. (CSXT) and operate
the improvements comprising a 2.5-mile
line of railroad between milepost BAV
22.4 and milepost BAV 24.9 near
Chambersburg, Franklin County, Pa.,
and lease the underlying real property
from CSXT; and (2) lease from CSXT
and operate the improvements
comprising a 1.95-mile line of railroad
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16:28 Dec 19, 2011
Jkt 226001
78975
between milepost BAV 24.9 and
milepost BAV 26.85 near Chambersburg,
and lease the underlying real property
from CSXT.1
On December 6, 2011, PSCC filed a
supplement to its verified notice of
exemption to clarify certain aspects of
the proposed transaction and the Board
authority sought pursuant to the verified
notice.2
With respect to the 2.5-mile segment
on which PSCC intends to purchase the
improvements and lease the underlying
real property from CSXT, PSCC asserts
that CSXT does not wish to retain any
common carrier obligation and will
transfer its full common carrier
obligation to PSCC together with the
tracks, ties, and other track materials.
Because PSCC will lease both the
improvements and the underlying real
property from CSXT on the 1.95-mile
segment, CSXT will retain a residual
common carrier authority on that
segment.
PSCC certifies that its projected
annual revenues as a result of the
transaction will not result in the
creation of a Class II or Class I rail
carrier and will not exceed $5 million.
The earliest this transaction may be
consummated is January 5, 2012, the
effective date of the exemption (30 days
after the exemption was filed).3 In its
supplemental filing, PSCC states that,
after the verified notice was filed, the
parties agreed to defer the closing date
and commencement of operations by
PSCC until February 3, 2012.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than December 29, 2011 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35572, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Eric M. Hocky, Thorp Reed
& Armstrong, LLP, One Commerce
Square, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
1 PSCC states that it is also leasing from CSXT the
tracks and underlying real property comprising the
Chambersburg Yard, which contains approximately
12,000 feet of track, but further states that the
acquisition of this yard track does not require Board
authorization.
2 Also on December 6, 2011, PSCC filed a motion
for protective order, which will be addressed in a
separate decision. On December 7, 2011, PSCC
submitted under seal an unredacted draft of its
Land Lease and Purchase of Rail Improvements
Agreement (Agreement) with CSXT. See Anthony
Macrie—Continuance in Control Exemption—N.J.
Seashore Lines, Inc., FD 35296, slip op. at 3–4 (STB
served Aug. 31, 2010).
By the Board.
Decided: December 14, 2011.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
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Frm 00094
Fmt 4703
Sfmt 9990
[FR Doc. 2011–32408 Filed 12–19–11; 8:45 am]
BILLING CODE 4915–01–P
3 PSCC’s verified notice of exemption is deemed
to have been filed on December 6, 2011, the date
PSCC filed its supplement.
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20DEN1
Agencies
[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78974-78975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32522]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 303 (Sub-No. 38X)]
Wisconsin Central Ltd.--Abandonment Exemption--in Fond Du Lac
County, WI
Wisconsin Central Ltd. (WCL) \1\ filed a verified notice of
exemption under 49 CFR pt. 1152 subpart F--Exempt Abandonments to
abandon approximately 0.60 miles of rail line between mileposts 175.40
and 176.00, in Fond Du Lac, Fond Du Lac County, Wis. The line traverses
United States Postal Service Zip Code 54936.
---------------------------------------------------------------------------
\1\ WCL is a wholly owned, indirect subsidiary of Canadian
National Railway Company.
---------------------------------------------------------------------------
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; (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 the complainant within the 2-year
period; and (4) the requirements at 49 CFR 1105.7(c) (environmental
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
Railroad--Aband. Portion Goshen Branch between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 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 January 18, 2012, 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
December 29, 2011. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by January 9, 2012, with
the Surface Transportation Board, 395 E Street SW., 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
Office of Environmental Analysis (OEA) 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).
Requests 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 is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to WCL's
representative: Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL
60430.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
WCL has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by December 23, 2011. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service 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
[[Page 78975]]
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 December 19, 2012, 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
www.stb.dot.gov.
Decided: December 15, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-32522 Filed 12-19-11; 8:45 am]
BILLING CODE 4915-01-P