[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60514-60515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21217]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 303 (Sub-No. 56X)]


Wisconsin Central Ltd.--Abandonment Exemption--in Kaukauna, 
Outagamie County, Wis.

    Wisconsin Central Ltd. (WCL) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon an approximately 0.30-mile rail line between milepost 114.0 and 
milepost 113.7, at Kaukauna, Outagamie County,

[[Page 60515]]

Wis. (the Line).\1\ The Line traverses U.S. Postal Service Zip Code 
54130.
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    \1\ WCL states that the Line was part of a longer rail line 
between milepost 114.0 and milepost 112.9 for which WCL obtained 
abandonment authority in 2013. See Wis. Cent. Ltd.--Aban. 
Exemption--in Kaukauna, Outagamie Cnty., Wis., AB 303 (Sub No. 40X) 
(Mar. 20, 2013). According to WCL, it sold the segment of the longer 
rail line between milepost 113.7 and milepost 112.9 to the City of 
Kaukauna (City) through the Wisconsin Department of Transportation 
pursuant to a notice of interim trail use or abandonment under the 
National Trails System Act (Trails Act), and the abandonment 
authority for the Line (which was not included in the sale) 
subsequently lapsed. WCL states that, because the City now seeks to 
acquire the Line pursuant to the Trails Act to connect existing 
trail systems, WCL once again seeks an abandonment exemption.
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    WCL has certified that: (1) It has handled no local traffic over 
the Line for at least two years; (2) there will be no effect on 
overhead traffic (of which none exists); (3) no formal complaint filed 
by a user of rail service (or by a state or local government entity 
acting on behalf of such user) regarding WCL's cessation of service 
over the Line is either pending with the Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the past two years; and (4) the requirements at 49 
CFR 1105.7 and 1105.8 (notice of environmental and historic report), 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    Any employee of WCL adversely affected by the abandonment shall be 
protected under Oregon Short Line Railroad--Abandonment Portion Goshen 
Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 
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.
    Pursuant to 49 CFR 1152.50(d)(3), an exemption will be effective 30 
days after publication of the notice in the Federal Register. However, 
simultaneous with the notice, WCL filed a request to expedite the 
effective date. The Board will establish the effective date of the 
exemption in a separate decision addressing WCL's request.
    Petitions to stay that do not involve environmental issues,\2\ 
formal expressions of intent to file an offer of financial assistance 
(OFA) under 49 CFR 1152.27(c)(2),\3\ and interim trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by October 5, 2020.\4\ 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 15, 2020, with the Surface 
Transportation Board, 395 E Street SW, 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 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). 
Given the request for an expedited effective date, any request for a 
stay should be filed as soon as possible.
    \3\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \4\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    A copy of any petition filed with the Board should be sent to WCL's 
representative, Thomas J. Healey, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    WCL has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by September 29, 2020. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.
    Environmental, historic preservation, public use, or interim 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 September 25, 2021, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: September 22, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-21217 Filed 9-24-20; 8:45 am]
BILLING CODE 4915-01-P