[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56685-56686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26210]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-57 (Sub-No. 58X)]


Soo Line Railroad Company d/b/a Canadian Pacific Railway 
Company--Abandonment Exemption--in Waukesha and Milwaukee Counties, WI

    Soo Line Railroad Company d/b/a Canadian Pacific Railway Company 
(CPR) has filed a verified notice of exemption under 49 CFR part 1152 
subpart F--Exempt Abandonments to abandon a line of railroad 
approximately 4,458 feet in length between milepost 94.04 +/- 
(southeast of Watertown Plank Road) and milepost 93.2 +/- 
(approximately 1,100 feet southeast of West Bluemound Road), in 
Waukesha and Milwaukee Counties, WI. The line traverses United States 
Postal Service Zip Codes 53005, 53122, and 53226.
    CPR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) all overhead traffic can and 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 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 2, 2009, 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 
November 12, 2009. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 23, 2009, 
with the Surface Transportation Board, 395 E 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 $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to CPR's 
representative: W. Karl Hansen, Leonard, Street and Deinard, 150 South 
Fifth Street, Suite 2300, Minneapolis, MN 55402.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CPR 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 6, 2009. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC

[[Page 56686]]

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), CPR 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 CPR's filing of a notice of 
consummation by November 2, 2010, 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: October 27, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-26210 Filed 10-30-09; 8:45 am]
BILLING CODE 4915-01-P