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Wisconsin Central Ltd--Abandonment Exemption--in Sawyer County, WI

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[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65645-65646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-118]

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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-303 (Sub-No. 31X)]

Wisconsin Central Ltd--Abandonment Exemption--in Sawyer County, WI

    Wisconsin Central Ltd (WCL) has filed a notice of exemption under
49 CFR part 1152, subpart F--Exempt Abandonments to abandon a 1.80-mile
line of railroad between milepost 100.80 and milepost 102.60, in
Hayward, Sawyer County, WI. The line traverses United States Postal
Service Zip Code 54843.
    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 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 December 21, 2007, 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
December 3, 2007. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 11, 2007,
with: Surface Transportation Board, 395 E

[[Page 65646]]

Street, SW., 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 $1,300. 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: 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 November 27, 2007. 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. If
consummation has not been effected by WCL's filing of a notice of
consummation by November 21, 2008, 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.

    Decided: November 14, 2007.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22677 Filed 11-20-07; 8:45 am]
BILLING CODE 4915-01-P

 
 

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