[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26868]


[[Page Unknown]]

[Federal Register: October 31, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-303 (Sub-No. 13X)]

 

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

    Wisconsin Central Ltd. (WCL) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 
13.9 miles of rail line between milepost 183.0 at Greenleaf, and 
milepost 196.9 at Green Bay, in Brown County, WI.
    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 a State or local government entity acting on behalf of 
such user) regarding cessation of service over the line either is 
pending with the Commission 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 (service of environmental report on 
agencies), 49 CFR 1105.8 (service of historic report on State Historic 
Preservation Officer), 49 CFR 1105.12 (newspaper publication), and 49 
CFR 1152.50(d)(1) (service of verified notice on governmental agencies) 
have been met.
    As a condition to use of this exemption, any employee 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. 10505(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance has been received, this exemption will be 
effective on November 30, 1994 (unless stayed pending reconsideration). 
Petitions to stay that do not involve environmental issues,1 
formal expressions of intent to file offers of financial assistance 
under 49 CFR 1152.27(c)(2),2 and trail use/rail banking statements 
under 49 CFR 1152.29 must be filed by November 10, 1994.3 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by November 21, 1994, with: Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.
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    \1\A stay will be issued routinely where an informed decision on 
environmental issues (whether raised by a party or by the 
Commission's Section of Environmental Analysis in its independent 
investigation) cannot be made prior to the effective date of the 
notice of exemption. See Exemption of Out-of-Service Rail Lines, 5 
I.C.C.2d 377 (1989). Any entity seeking a stay on environmental 
grounds is encouraged to file promptly so that the Commission may 
act on the request before the effective date.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\The Commission will accept late-filed trail use statements so 
long as it retains jurisdiction.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: Janet H. Gilbert, Wisconsin Central Ltd., 
P. O. Box 5062, Rosemont, IL 60017-5062.
    If the notice of exemption contains false or misleading 
information, use of the exemption is void ab initio.
    WCL has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment or historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by November 4, 1994. Interested persons 
may obtain a copy of the EA from SEA by writing to it at (Room 3219, 
Interstate Commerce Commission, Washington, DC 20423) or by calling 
Elaine Kaiser, Chief, SEA at (202) 927-6248. Comments on environ-mental 
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.

    Decided: October 24, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-26868 Filed 10-28-94; 8:45 am]
BILLING CODE 7035-01-P