[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Notices]
[Pages 50620-50621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25333]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33656]


Wisconsin Central Ltd. and Sault Ste. Marie Bridge Company--Joint 
Relocation Project Exemption--Hermansville, MI, to North Escanaba, MI

    On September 4, 1998, Wisconsin Central Ltd. (WCL), a Class II 
railroad, and Sault Ste. Marie Bridge Company (SSAM), a Class III 
railroad, filed a notice of exemption under 49 CFR 1180.2(d)(5) to 
relocate certain lines of railroad from Hermansville, MI, to North 
Escanaba, MI.
    Between Hermansville and North Escanaba, WCL and SSAM currently own 
and operate adjacent and parallel lines of railroad. The WCL MS Line 
runs, in part, from WCL milepost 310.75, in Hermansville, where it 
meets in a diamond with the SSAM MS Line, to WCL milepost 336.25, in 
North Escanaba (WCL Line). The SSAM MS Line runs, in part, from SSAM 
milepost 4.1, in Hermansville, where it meets in a diamond with WCL's 
MS Line, to SSAM milepost 0.0/92.1, in Powers, MI, where it meets 
SSAM's FV Line, and on to milepost 113.0 in North Escanaba (SSAM Line). 
Both the WCL Line and the SSAM Line run in a generally east-west 
direction. The joint relocation project will reroute operations from, 
and allow removal of, one of these duplicative rail lines, thus 
simplifying rail operations and accommodating efforts to reduce rail 
interference with vehicular traffic.
    Under the joint project, WCL and SSAM propose the following 
transactions:
    (1) WCL will abandon its line of railroad on the WCL Line from 
milepost 310.75, in Hermansville, to milepost 336.25, in North 
Escanaba, a distance of approximately 25.5 miles.
    (2) SSAM will discontinue its trackage rights operations on the WCL 
Line from milepost 310.75, in Hermansville, to milepost 336.25, in 
North Escanaba, a distance of approximately 25.5 miles.
    (3) WCL and SSAM will construct a connecting track of approximately 
nine-tenths of a mile between the WCL Line, at WCL milepost 336.25, and 
the SSAM Line, at SSAM milepost 113.0. This will connect the SSAM Line 
with the WCL tracks in North Escanaba. WCL will own the northern 
portion of the connection track (milepost 336.25 to milepost 335.85), 
while SSAM will own the southern portion of the connection track 
(milepost 113.5 to milepost 113.0).
    (4) SSAM will grant WCL trackage rights 1 over the SSAM 
Line between SSAM milepost 4.1, in Hermansville, through SSAM milepost 
0.0/92.1 in Powers, MI, to SSAM milepost 113.0, in North Escanaba, and 
from there: (a) To the division of ownership of the new connecting 
track, at SSAM milepost 113.5, in North Escanaba; and (b) to SSAM 
milepost 118.0, in Larch, MI, a total distance of approximately 30.5 
miles.
---------------------------------------------------------------------------

    \1\ WCL's existing trackage rights over the SSAM Line from 
Hermansville through Powers and North Escanaba to Larch, MI, will be 
superseded and expanded by these new rights.
---------------------------------------------------------------------------

    (5) WCL will grant SSAM trackage rights from the division of 
ownership of the new connecting track, at WCL milepost 335.85, in North 
Escanaba, through WCL milepost 336.25, in North Escanaba, to WCL 
milepost 342.7. in Gladstone, MI.
    The Board will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port 
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 (1981). 
Under these standards, the incidental abandonment, construction, and 
trackage rights components require no separate approval or exemption 
when the relocation project, as here, will not disrupt service to 
shippers and thus qualifies for the class exemption at 49 CFR 
1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
joint relocation project will be protected as

[[Page 50621]]

required by 49 U.S.C. 11326(b), subject to the procedural 
interpretations of the analogous statutory provisions at 49 U.S.C. 
10902 contained in the Board's decision in Wisconsin Central Ltd.--
Acquisition Exemption--Lines of Union Pacific Railroad Company, STB 
Finance Docket No. 33116 (STB served Apr. 17, 1997) (WCL Exemption).
    The transaction was scheduled to be consummated on or after 
September 11, 1998.2
---------------------------------------------------------------------------

    \2\ The notice to employees discussed in WCL Exemption and 
adopted as a requirement for certain transactions in Acquisition of 
Rail Lines Under 49 U.S.C. 10901 and 10902--Advance Notice of 
Proposed Transactions, STB Ex Parte No. 562 (STB served Sept. 9, 
1997), does not apply to exempt joint relocation project 
transactions.
---------------------------------------------------------------------------

    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring STB Finance 
Docket No. 33656, must be filed with the Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Michael J. Barron, Esq., Wisconsin Central Ltd., 6250 North 
River Road, Suite 9000, Rosemont, IL 60018.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: September 15, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-25333 Filed 9-21-98; 8:45 am]
BILLING CODE 4915-00-P