Wisconsin Central Ltd.Abandonment Exemptionin Marquette and Alger Counties, MI

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