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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Notices]
[Page 9422-9423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe06-121]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-303 (Sub-No. 28X)]
 
Wisconsin Central Ltd.--Abandonment Exemption--in Ashland County, WI

    Wisconsin Central Ltd. (WCL)\1\ has filed a notice of exemption 
under 49 CFR part 1152 Subpart F--Exempt Abandonments to abandon its 
line of railroad in Ashland, Ashland County, WI, referred to herein as 
the ``Ore Dock Line'', starting from a point of switch off WCL's 
mainline through Ashland at milepost 434.49 and continuing 5,160 feet 
to the end of WCL's Ashland Ore Dock. The line traverses United States 
Postal Service Zip Code 54806.
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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 
that would have to 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 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

[[Page 9423]]

1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), 
and 49 CFR 1152.50(d)(1) (notice of governmental agencies) has been met.
    As a condition to this exemption, any employees 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 25, 2006, 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.(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
March 6, 2006. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by March 15, 2006, with: Surface 
Transportation Board, 1925 K Street, NW., 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 is 
currently set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to WCL's 
representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WCL has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environmental and historic 
resources. SEA will issue an environmental assessment (EA) by February 
28, 2006. 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), 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 February 23, 2007, 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: February 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-1599 Filed 2-22-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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