Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Notices 5515

1The exemption in STB Finance Docket No.

33290 became effective on January 20, 1997. SSMB

agreed to refrain from consummating the

acquisition until January 24, 1997. A petition to

stay the effective date, that had been filed on

January 6, 1997, was denied by a decision served

on January 24, 1997.

primary application as well as notice of

any merger-related abandonment

proposal. Thereafter, with respect to

each merger-related abandonment

proposal: (3) interested parties must file

notifications of intent to participate in

the specific abandonment proceedings

by day F + 45; (4) interested parties

must file opposition submissions,

requests for public use conditions, and/

or Trails Act requests by day F + 120;

(5) applicants may file rebuttal in

support of their abandonment

proposals, and/or responses to any

requests for public use conditions and

Trails Act requests, by day F + 180; (6)

as with the primary application and all

related matters, briefs shall be due by

day F + 260, oral argument will be held

on day F + 300, and a voting conference

will be held, at the Board’s discretion,

on day F + 305; and (7) if, in the final

decision served on day F + 365, we

approve the primary application, we

also will address, in that final decision,

each of the abandonment proposals, and

all matters (including requests for

public use conditions and Trails Act

requests) relative thereto; and if we

either approve or exempt any of the

abandonment proposals, we shall

require interested parties to file, no later

than 10 days after the date of service of

the final decision, offers of financial

assistance with respect to any approved

or exempted abandonments.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: January 30, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

FINAL PROCEDURAL SCHEDULE

F¥30 ......................... Preliminary Environmental Report, including supporting documents, due.

F ................................. Primary application & related applications filed. [Environmental Report, including all supporting documents, due.]

F+30 ........................... Federal Register publication of: notice of acceptance of primary application and related applications, petitions and notices; and notice of any merger-related abandonment applications, petitions, and notices of exemption.

F+45 ........................... Notification of intent to participate in proceeding due.

F+60 ........................... Description of anticipated inconsistent and responsive applications due; petitions for waiver or clarification due with respect to such applications.

F+120 ......................... Inconsistent and responsive applications due. All comments, protests, requests for conditions, and any other opposition

evidence and argument due. Comments by U.S. Department of Justice and U.S. Department of Transportation due.

With respect to all merger-related abandonments: opposition submissions, requests for public use conditions, and

Trails Act requests due.

F+150 ......................... Notice of acceptance (if required) of inconsistent and responsive applications published in the Federal Register.

F+180 ......................... Response to inconsistent and responsive applications due. Response to comments, protests, requested conditions, and

other opposition arguments and evidence due. Rebuttal in support of primary application and related applications due.

With respect to all merger-related abandonments: rebuttal due; and responses to requests for public use and Trails

Act conditions due.

F+220 ......................... Rebuttal in support of inconsistent and responsive applications due.

F+260 ......................... Briefs due, all parties (not to exceed 50 pages).

F+300 ......................... Oral argument (close of record).

F+305 ......................... Voting conference (at Board’s discretion).

F+365 ......................... Date of service of final decision. With respect to any approved or exempted abandonments: offers of financial assistance must be filed no later than 10 days after the date of service of the final decision.

Notes: Immediately upon each evidentiary filing, the filing party will place all documents relevant to the filing (other than documents that are

privileged or otherwise protected from discovery) in a depository open to all parties, and will make its witnesses available for discovery depositions. Access to documents subject to protective order will be appropriately restricted. Parties seeking discovery depositions may proceed by

agreement. Discovery on responsive and inconsistent applications will begin immediately upon their filing. The Administrative Law Judge assigned to this proceeding will have the authority initially to resolve any discovery disputes.

[FR Doc. 97–2858 Filed 2–4–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33348]

Sault Ste. Marie Bridge Company—

Trackage Rights Exemption—

Wisconsin Central Ltd.

Wisconsin Central Ltd. (WCL) has

agreed to grant non-exclusive overhead

trackage rights to Sault Ste. Marie

Bridge Company (SSMB) over WCL’s

line of railroad between milepost 310.7

at Hermansville, MI, and milepost 342.7

at Gladstone, MI, a distance of

approximately 32.0.

The transaction is scheduled to be

consummated on January 29, 1997, or

upon SSMB’s consummation of the

transaction in STB Finance Docket No.

33290, Sault St. Marie Bridge

Company—Acquisition and Operation

Exemption—Lines of Union Pacific

Railroad Company, whichever is later.1

WCL has concurrently filed a Notice

of Exemption in STB Finance Docket

No. 33349, Wisconsin Central Ltd.—

Trackage Rights Exemption—Sault Ste.

Marie Bridge Company. In conjunction

with that filing, the proposed trackage

rights will allow SSMB and WCL to

jointly utilize their parallel lines

between Hermansville, MI, and Larch/

Gladstone, MI, for the purpose of

improving the flexibility and efficiency

of operations in that corridor.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 to STB Finance

Docket No. 33348, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Thomas J. Litwiler, Esq., Oppenheimer

Wolff & Donnelly, Two Prudential
5516 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Notices

1The exemption in STB Finance Docket No.

33290, which covers the transaction by which

SSMB would acquire the lines over which it is

granting trackage rights to WCL in the present

transaction, became effective on January 20, 1997.

SSMB agreed to refrain from consummating the

acquisition until January 24, 1997. A petition to

stay the effective date, that had been filed on

January 6, 1997, was denied by decision served on

January 24, 1997.

Plaza, 45th Floor, 180 North Stetson

Avenue, Chicago, IL 60601.

Decided: January 29, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2855 Filed 2–4–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33349]

Wisconsin Central Ltd.—Trackage

Rights Exemption—Sault Ste. Marie

Bridge Company

Sault Ste. Marie Bridge Company

(SSMB) has agreed to grant Wisconsin

Central Ltd. (WCL) non-exclusive

overhead trackage rights over SSMB’s

line of railroad between milepost 118.0

at Larch, MI, and milepost 176.9 at

Negaunee, MI, a distance of

approximately 58.9 miles, and nonexclusive overhead and local trackage

rights between milepost 4.1 at

Hermansville, MI, and milepost 118.0 at

Larch, MI, a distance of approximately

25.0 miles. The total distance of

trackage rights to be acquired is

approximately 83.9 miles.

The transaction is scheduled to be

consummated on January 29, 1997, or

upon SSMB’s consummation of the

transaction in STB Finance Docket No.

33290, Sault St. Marie Bridge

Company—Acquisition and Operation

Exemption—Lines of Union Pacific

Railroad Company, whichever is later.1

The purpose of the trackage rights is

to connect WCL’s existing lines at

Hermansville, Larch, and Negaunee, MI.

The trackage rights between Larch and

Negaunee will improve transit times

and the quality of WCL service for

shippers in Michigan’s Upper

Peninsula. SSMB has concurrently filed

a Notice of Exemption in STB Finance

Docket No. 33348, Sault Ste. Marie

Bridge Company—Trackage Rights

Exemption—Wisconsin Central Ltd. In

conjunction with that filing, the

proposed trackage rights between

Hermansville, MI, and Larch, MI, will

allow WCL and SSMB to jointly utilize

their parallel lines to improve the

flexibility and efficiency of operations

in that corridor.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 to STB Finance

Docket No. 33349, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Thomas J. Litwiler, Esq., Oppenheimer

Wolff & Donnelly, Two Prudential

Plaza, 45th Floor, 180 North Stetson

Avenue, Chicago, IL 60601.

Decided: January 29, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2856 Filed 2–4–97; 8:45 am]

BILLING CODE 4915–00–P

SURFACE TRANSPORTATION BOARD

[STB Docket No. AB–290 (Sub-No. 188X)]

Norfolk Southern Railway Company—

Abandonment Exemption—Between

Edgefield and Escambia Junction, SC

Notice to the Parties

A notice in the above proceeding,

served and published in the Federal

Register (62 FR 3941) on January 27,

1997, inadvertently referred to the

applicant as Norfolk and Western

Railway Company (NW) in the title and

in the text of the notice. Please correct

your copies by substituting Norfolk

Southern Railway Company (NS) as the

applicant. Because this is a ministerial

error, the procedural schedule dates set

forth in the served notice will remain

the same.

Vernon A. Williams,

Secretary.

[FR Doc. 97–2859 Filed 2–4–97; 8:45 am]

BILLING CODE 4915–00–P