[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Notices]
[Pages 42280-42281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20714]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-383 (Sub-No. 3X)]


Wisconsin & Southern Railroad Co.--Discontinuance of Service

    Exemption--in Milwaukee and Waukesha Counties, WI
    The Wisconsin & Southern Railroad Co. (WSOR) has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments and 
Discontinuances to discontinue service over a 3.0-mile line of railroad 
known as the Menomonee Falls Branch, owned by the State of Wisconsin 
Department of Transportation,<SUP>1</SUP> between milepost 101.1 in 
Granville and milepost 104.05 in Menomonee Falls, WI. The line 
traverses United States Postal Service Zip Codes 53224 and 
53051.<SUP>2</SUP>
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    \1\ The involved line segment is part of a group of former 
Chicago, Milwaukee, St. Paul and Pacific Railroad (MILW) rail lines 
that were purchased by the State of Wisconsin under section 5(b)(2) 
of the Milwaukee Railroad Restructuring Act (MRR). See State of 
Wisconsin--Acquisition of Certain Lines of the Chicago, Milwaukee, 
St. Paul and Pacific Railroad Company, Finance Docket No. 29237, 
(ICC served Feb. 1, 1980). WSOR was authorized to operate this 
branch line as well as other former MILW lines in Wisconsin and 
Southern Railroad Co.--Lake, Columbia, Milwaukee, Washington, 
Waukesha, and Winnebago Counties, WI, Finance Docket No. 29375 (ICC 
served Nov. 5, 1980).
    \2\ Under 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. WSOR, in its 
verified notice tendered for filing on June 10, 1997, indicated a 
proposed consummation date of July 31, 1997. However, applicant 
failed to publish notice in the newspaper as required, and a new 
filing date of July 17, 1997, was entered when proof of publication 
was received. Because the verified notice was not complete until 
July 17,1997, and hence was not deemed filed until then, the 
earliest possible consummation date is September 5, 1997. 
Applicant's representative has confirmed that the correct 
consummation date is on or after September 5, 1997.

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[[Page 42281]]

    WSOR 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 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 1105.12 (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 September 5, 1997,<SUP>3</SUP> unless stayed pending 
reconsideration. Petitions to stay and formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),<SUP>4</SUP> must be filed by 
August 18, 1997. Petitions to reopen must be filed by August 26, 1997, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, Surface Transportation Board, 1925 K Street, N.W., 
Washington, DC 20423.
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    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c)(6).
    \4\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Robert A. Wimbish, REA, CROSS, AUCHINCLOSS, 
Suite 420, 1920 N Street, N.W., Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.

    Decided: July 30, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-20714 Filed 8-5-97; 8:45 am]
BILLING CODE 4915-00-P