[Federal Register: September 22, 1998 (Volume 63, Number 183)]
[Notices]
[Page 50620-50621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se98-132]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33656]
Wisconsin Central Ltd. and Sault Ste. Marie Bridge Company--Joint
Relocation Project Exemption--Hermansville, MI, to North Escanaba, MI
On September 4, 1998, Wisconsin Central Ltd. (WCL), a Class II
railroad, and Sault Ste. Marie Bridge Company (SSAM), a Class III
railroad, filed a notice of exemption under 49 CFR 1180.2(d)(5) to
relocate certain lines of railroad from Hermansville, MI, to North
Escanaba, MI.
Between Hermansville and North Escanaba, WCL and SSAM currently own
and operate adjacent and parallel lines of railroad. The WCL MS Line
runs, in part, from WCL milepost 310.75, in Hermansville, where it
meets in a diamond with the SSAM MS Line, to WCL milepost 336.25, in
North Escanaba (WCL Line). The SSAM MS Line runs, in part, from SSAM
milepost 4.1, in Hermansville, where it meets in a diamond with WCL's
MS Line, to SSAM milepost 0.0/92.1, in Powers, MI, where it meets
SSAM's FV Line, and on to milepost 113.0 in North Escanaba (SSAM Line).
Both the WCL Line and the SSAM Line run in a generally east-west
direction. The joint relocation project will reroute operations from,
and allow removal of, one of these duplicative rail lines, thus
simplifying rail operations and accommodating efforts to reduce rail
interference with vehicular traffic.
Under the joint project, WCL and SSAM propose the following
transactions:
(1) WCL will abandon its line of railroad on the WCL Line from
milepost 310.75, in Hermansville, to milepost 336.25, in North
Escanaba, a distance of approximately 25.5 miles.
(2) SSAM will discontinue its trackage rights operations on the WCL
Line from milepost 310.75, in Hermansville, to milepost 336.25, in
North Escanaba, a distance of approximately 25.5 miles.
(3) WCL and SSAM will construct a connecting track of approximately
nine-tenths of a mile between the WCL Line, at WCL milepost 336.25, and
the SSAM Line, at SSAM milepost 113.0. This will connect the SSAM Line
with the WCL tracks in North Escanaba. WCL will own the northern
portion of the connection track (milepost 336.25 to milepost 335.85),
while SSAM will own the southern portion of the connection track
(milepost 113.5 to milepost 113.0).
(4) SSAM will grant WCL trackage rights 1 over the SSAM
Line between SSAM milepost 4.1, in Hermansville, through SSAM milepost
0.0/92.1 in Powers, MI, to SSAM milepost 113.0, in North Escanaba, and
from there: (a) To the division of ownership of the new connecting
track, at SSAM milepost 113.5, in North Escanaba; and (b) to SSAM
milepost 118.0, in Larch, MI, a total distance of approximately 30.5
miles.
---------------------------------------------------------------------------
\1\ WCL's existing trackage rights over the SSAM Line from
Hermansville through Powers and North Escanaba to Larch, MI, will be
superseded and expanded by these new rights.
---------------------------------------------------------------------------
(5) WCL will grant SSAM trackage rights from the division of
ownership of the new connecting track, at WCL milepost 335.85, in North
Escanaba, through WCL milepost 336.25, in North Escanaba, to WCL
milepost 342.7. in Gladstone, MI.
The Board will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the removal of track affects service
to shippers or the construction of new track involves expansion into
new territory. See City of Detroit v. Canadian National Ry. Co., et
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation
projects may embrace trackage rights transactions such as the one
involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 (1981).
Under these standards, the incidental abandonment, construction, and
trackage rights components require no separate approval or exemption
when the relocation project, as here, will not disrupt service to
shippers and thus qualifies for the class exemption at 49 CFR
1180.2(d)(5).
As a condition to this exemption, any employees affected by the
joint relocation project will be protected as
[[Page 50621]]
required by 49 U.S.C. 11326(b), subject to the procedural
interpretations of the analogous statutory provisions at 49 U.S.C.
10902 contained in the Board's decision in Wisconsin Central Ltd.--
Acquisition Exemption--Lines of Union Pacific Railroad Company, STB
Finance Docket No. 33116 (STB served Apr. 17, 1997) (WCL Exemption).
The transaction was scheduled to be consummated on or after
September 11, 1998.2
---------------------------------------------------------------------------
\2\ The notice to employees discussed in WCL Exemption and
adopted as a requirement for certain transactions in Acquisition of
Rail Lines Under 49 U.S.C. 10901 and 10902--Advance Notice of
Proposed Transactions, STB Ex Parte No. 562 (STB served Sept. 9,
1997), does not apply to exempt joint relocation project
transactions.
---------------------------------------------------------------------------
If the notice 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 STB Finance
Docket No. 33656, must be filed with the Surface Transportation Board,
Office of the Secretary, Case Control Unit, 1925 K Street, NW.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Michael J. Barron, Esq., Wisconsin Central Ltd., 6250 North
River Road, Suite 9000, Rosemont, IL 60018.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: September 15, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-25333 Filed 9-21-98; 8:45 am]
BILLING CODE 4915-00-P