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Soo Line Railroad Company--Abandonment Exemption--in Racine County, WI

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 [Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Notices]
[Page 44839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy03-116]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-57 (Sub-No. 53X)]
 
Soo Line Railroad Company--Abandonment Exemption--in Racine 
County, WI

    Soo Line Railroad Company (Soo) has filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of 
Service and Trackage Rights to abandon approximately 7.5 miles of its 
line of railroad between milepost 18.43+/-(near Kansasville) and 
milepost 25.93+/-(in Burlington), in Racine County, WI. The line 
traverses United States Postal Service Zip Codes 53139 and 53105.
    Soo has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic has been rerouted 
over other lines; (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 
1105.12 (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 August 29, 
2003, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,\1\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by August 11, 2003. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by August 19, 2003, with the Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to Soo's 
representative: Diane P. Gerth, Esq., Leonard, Street and Deinard 
Professional Association, 150 South Fifth St., Suite 2300, Minneapolis, 
MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Soo has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by August 4, 
2003. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 565-1539. [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), Soo 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 Soo's filing of a notice of 
consummation by July 30, 2004, 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: 
http://www.stb.dot.gov. Exit Disclaimer

    Decided: July 23, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-19332 Filed 7-29-03; 8:45 am]
BILLING CODE 4915-00-P

 
 

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