[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Pages 19410-19411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9546]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-383 (Sub-No. 2X)]


Wisconsin & Southern Railroad Co.--Discontinuance of Operations 
Exemption--Dodge County, WI [Docket No. AB-343 (Sub-No. 3X)] Wisconsin 
Department of Transportation--Abandonment Exemption--Dodge County, WI

    On the Commission's own motion, Docket No. AB-383 (Sub-No. 2X) is 
[[Page 19411]] reopened for the purpose of exempting Wisconsin 
Department of Transportation's (WisDOT) abandonment of, and Wisconsin & 
Southern Railroad Co.'s (WSOR) discontinuance of service over, the 1.3-
mile Beaver Dam Loop between mileposts 149.0 and 150.3 in Beaver Dam, 
Dodge County, WI.<SUP>1

    \1\WisDOT acquired the involved line, among others, under 
Sec. 5(b)(2) of the Milwaukee Railroad Restructuring Act in State of 
Wisconsin--Acquisition of Certain Lines of Chicago, Milwaukee, St. 
Paul and Pacific Railroad Company, Finance Docket No. 29237 (ICC 
served Feb. 1, 1980). WSOR was authorized to operate the involved 
line, among others, in Wisconsin and Southern Railroad Co.--
Operation--Of a Line of Railroad in Dodge, Fond du Lac, Green Lake, 
Columbia, Milwaukee, Washington, Waukesha, and Winnebago Counties, 
WI, Finance Docket No. 29375, et al. (ICC served Nov. 5, 1980).
    WSOR initiated this proceeding on April 18, 1994, by filing a 
verified notice under the Commission's class exemption procedure at 
49 CFR Part 1152, Subpart F--Exempt Abandonments and Discontinuances 
to abandon the involved line. WSOR's notice was rejected because the 
only entity that lawfully could abandon the line was WisDOT, which 
owned the line and had a residual common carrier obligation with 
respect thereto. Wisconsin & Southern Railroad Co.--Abandonment 
Exemption--In Dodge County, WI, Docket No. AB-383 (Sub-No. 2X) (ICC 
served June 22, 1994).
    On February 7, 1995, WisDOT tendered a petition under 49 U.S.C. 
10505 for an exemption from Subtitle IV of Title 49 of the United 
States Code to abandon the involved line. By letter filed April 6, 
1995, WSOR requests permission to participate for the purpose of 
exempting its discontinuance of operations over the involved line. 
The WisDOT pleading is accepted for filing as a verified notice 
under the class exemption. The involved line qualifies for treatment 
under those rules.
    Because WisDOT proposes to abandon the involved line, the only 
exemption it requires is from 49 U.S.C. 10903. Lines such as the 
Beaver Dam Loop that have been out of service for 2 years or more 
have been exempted from 49 U.S.C. 10903 by rule in Subpart F. The 
exemption is invoked by filing a notice. WisDOT's filing meets all 
of the requirements of such a notice. Adequate notice to government 
agencies and to the public has already been provided by WSOR. An 
exemption from Subtitle IV would be appropriate if WisDOT would be 
subject to any other provision of the Interstate Commerce Act in the 
future, but that is not the case. WisDOT reiterates its belief that 
it is not subject to the Commission's jurisdiction, but notes that 
it is not seeking a rehearing of that issue but rather an exemption 
for abandonment of the line.
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    WisDOT and WSOR certify 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 Commission or with any U.S. District 
Court or has been decided in complainant's favor within the last 2 
years; and (4) the requirements at 49 CFR 1105.7 (environmental 
report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 and 
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12 
(newspaper publication) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment and discontinuance shall be protected under Oregon 
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To 
address whether employees are adequately protected, a petition for 
partial revocation under 49 U.S.C. 10505(d) must be filed.
    This exemption will be effective May 18, 1995, unless stayed or a 
statement of intent to file an offer of financial assistance (OFA) is 
filed. Petitions to stay that do not involve environmental 
issues,<SUP>2 statements of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>3 and trail use/rail banking requests under 49 CFR 
1152.29<SUP>4 must be filed by April 28, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by May 8, 1995. An original and 10 copies of any such filing must be 
sent to the Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423. In addition, one copy must 
be served on Allyn Lepeska, Wisconsin Department of Transportation, 
Office of General Counsel, Room 115 B, P.O. Box 7910, Madison, WI 
53707, and Robert A. Wimbish, REA, CROSS & AUCHINCLOSS, Suite 420, 1920 
N Street, N.W., Washington, DC 20036.

    \2\The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
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 Commission may take appropriate 
action before the exemption's effective date.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\The Commission will accept late-filed trail use requests so 
long as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    The Commission's Section of Environmental Analysis (SEA) issued an 
environmental assessment of abandonment of the involved line on May 9, 
1994. A copy of the EA may be obtained by writing to SEA (Room 3219, 
Interstate Commerce Commission, Washington, DC 20423) or by calling 
Elaine Kaiser at (202) 927-6248. 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.

    Decided: April 11, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-9546 Filed 4-17-95; 8:45 am]
BILLING CODE 7035-01-P