80 FR 17141 - Wisconsin Central Ltd.-Abandonment Exemption-in Lake County, Ill.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 61 (March 31, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 61 (March 31, 2015)
| Page Range | 17141-17142 | |
| FR Document | 2015-07243 |
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)] [Notices] [Pages 17141-17142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07243] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 303 (Sub-No. 46X)] Wisconsin Central Ltd.--Abandonment Exemption--in Lake County, Ill. On March 11, 2015, Wisconsin Central Ltd. (WCL) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon 3.6 miles of rail line extending between milepost 71.0 in North Chicago, Lake County, Ill., and milepost 74.6 in Waukegan, Lake County, Ill. (the Line). The Line traverses United States Postal Service Zip Codes 60064, 60085, and 60087. According to WCL, there is one shipper, International Precision Components Corporation (IPCC), located on the Line. WCL states that IPCC has entered into a terminable agreement with WCL to lease a side track connecting to the Line. From WCL's side track, IPCC transloads shipments to truck for final delivery at IPCC's off-Line manufacturing facility. WCL notes that it is exploring the relocation of IPCC's transloading operations to another rail-served location. After receiving Board authority to abandon the Line, WCL states that it intends to salvage the rails, ties, and other track material and then to negotiate a sale of the right-of-way to the City of Waukegan (City). According to WCL, the sale of the right-of-way will allow the City to implement an urban redevelopment project. In addition to an exemption from the provisions of 49 U.S.C. 10903, WCL seeks an exemption from 49 U.S.C. 10904 (offer of financial assistance (OFA) procedures). In support, WCL states that the right-of- way is needed for a valid public purpose as it is an essential component of the City's multi-faceted lakefront revitalization and redevelopment effort. WCL further asserts that there is no overriding public need for continued freight rail service. This request will be addressed in the final decision. According to WCL, the Line does not contain federally granted rights-of-way. Any documentation in WCL's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding [[Page 17142]] pursuant to 49 U.S.C. 10502(b). A final decision will be issued by June 29, 2015. Any OFA under 49 CFR 1152.27(b)(2) will be due by July 9, 2015, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,600 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than April 20, 2015. Each trail request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 303 (Sub-No. 46X) and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Replies to the petition are due on or before April 20, 2015. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs and Compliance at (202) 245-0238 or refer to the full abandonment regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1-800-877-8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any other agencies or persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV.'' Decided: March 25, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015-07243 Filed 3-30-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices 17141
D. Comments exemption is likely to achieve an DEPARTMENT OF TRANSPORTATION
Docket # FMCSA–2014–0378 equivalent or greater level of safety than
would be achieved without the Surface Transportation Board
On October 27, 2014, FMCSA exemption. Without the exemption, [Docket No. AB 303 (Sub-No. 46X)]
published a notice of receipt of applicants will continue to be restricted
exemption applications and requested to intrastate driving. With the Wisconsin Central Ltd.—Abandonment
public comment on six individuals (79 Exemption—in Lake County, Ill.
exemption, applicants can drive in
FR 64003; Docket number FMCSA–
interstate commerce. Thus, the Agency’s On March 11, 2015, Wisconsin
2014–25450). The comment period
ended on November 26, 2014. Three analysis focuses on whether an equal or Central Ltd. (WCL) filed with the
commenters responded to this notice. greater level of safety is likely to be Surface Transportation Board (Board) a
Bobby Shane Walker, an applicant in achieved by permitting each of these petition under 49 U.S.C. 10502 for
this notice, expressed support for his drivers to drive in interstate commerce exemption from the provisions of 49
health status and driving safety. He as opposed to restricting the driver to U.S.C. 10903 to abandon 3.6 miles of
provided details about his most recent driving in intrastate commerce. rail line extending between milepost
driving accident. An anonymous 71.0 in North Chicago, Lake County, Ill.,
Conclusion
commenter submitted details involving and milepost 74.6 in Waukegan, Lake
Bobby Shane Walker’s recent driving The Agency is granting exemptions County, Ill. (the Line). The Line
accident and provided the driving from the epilepsy standard, 49 CFR traverses United States Postal Service
accident report. Bob Johnson expressed 391.41(b)(8), to 3 individuals based on Zip Codes 60064, 60085, and 60087.
support for the Epilepsy standard a thorough evaluation of each driver’s According to WCL, there is one
because it will save lives and benefit our shipper, International Precision
safety experience, and medical
citizens. Of the six applicants, three Components Corporation (IPCC), located
condition. Safety analysis of
were denied. The Agency has on the Line. WCL states that IPCC has
information relating to these 3
determined that the following three entered into a terminable agreement
applicants meets the burden of showing with WCL to lease a side track
applicants should be granted an that granting the exemptions would
exemption. connecting to the Line. From WCL’s
achieve a level of safety that is side track, IPCC transloads shipments to
James Connelly equivalent to or greater than the level truck for final delivery at IPCC’s off-Line
Mr. Connelly is a 60 year-old class B that would be achieved without the manufacturing facility. WCL notes that
CDL holder in New Jersey. He has a exemption. By granting the exemptions, it is exploring the relocation of IPCC’s
history of seizures and has remained the interstate CMV industry will gain 3 transloading operations to another rail-
seizure free since 2000. He takes anti- highly trained and experienced drivers. served location. After receiving Board
seizure medication with the dosage and In accordance with 49 U.S.C. authority to abandon the Line, WCL
frequency remaining the same since that 31315(b)(1), each exemption will be states that it intends to salvage the rails,
time. If granted an exemption, he would valid for 2 years, with annual ties, and other track material and then
like to drive a CMV. His physician states recertification required unless revoked to negotiate a sale of the right-of-way to
he is supportive of Mr. Connelly earlier by FMCSA. The exemption will the City of Waukegan (City). According
receiving an exemption. be revoked if the following occurs: (1) to WCL, the sale of the right-of-way will
The person fails to comply with the allow the City to implement an urban
Timothy C. Marrill redevelopment project.
terms and conditions of the exemption;
Mr. Marrill is a 48 year-old class A (2) the exemption has resulted in a In addition to an exemption from the
CDL holder in Missouri. He has a lower level of safety than was provisions of 49 U.S.C. 10903, WCL
history of epilepsy and has remained maintained prior to being granted; or (3) seeks an exemption from 49 U.S.C.
seizure free since 1995. He takes anti- continuation of the exemption would 10904 (offer of financial assistance
seizure medication with the dosage and (OFA) procedures). In support, WCL
not be consistent with the goals and
frequency remaining the same for over states that the right-of-way is needed for
objectives of 49 U.S.C. 31136 and 31315.
two years. If granted an exemption, he a valid public purpose as it is an
would like to drive a CMV. His FMCSA exempts the following 3 essential component of the City’s multi-
physician states he is supportive of Mr. drivers for a period of 2 years with faceted lakefront revitalization and
Marrill receiving an exemption. annual medical certification required: redevelopment effort. WCL further
James Connelly (NJ); Timothy Merrill asserts that there is no overriding public
John Rinkema
(MO); and John Rinkema (IL) from the need for continued freight rail service.
Mr. Rinkema is a 64 year-old driver in prohibition of CMV operations by This request will be addressed in the
Illinois. He has a history of seizures and persons with a clinical diagnosis of final decision.
has remained seizure free since 1968. epilepsy or seizures. If the exemption is According to WCL, the Line does not
He takes anti-seizure medication with still in effect at the end of the 2-year contain federally granted rights-of-way.
the dosage and frequency remaining the period, the person may apply to FMCSA Any documentation in WCL’s
same since that time since 2004. If for a renewal under procedures in effect possession will be made available
granted the exemption, he would like to at that time. promptly to those requesting it.
The interest of railroad employees
asabaliauskas on DSK5VPTVN1PROD with NOTICES
drive a CMV. His physician states that
he is supportive of Mr. Rinkema Issued on: March 20, 2015. will be protected by the conditions set
receiving an exemption. Larry W. Minor, forth in Oregon Short Line Railroad—
Associate Administrator for Policy. Abandonment Portion Goshen Branch
E. Basis for Exemption Between Firth & Ammon, In Bingham &
[FR Doc. 2015–07332 Filed 3–30–15; 8:45 am]
Under 49 U.S.C. 31136(e) and Bonneville Counties, Idaho, 360 I.C.C.
BILLING CODE 4910–EX–P
31315(b), FMCSA may grant an 91 (1979).
exemption from the epilepsy/seizure By issuing this notice, the Board is
standard in 49 CFR 391.41(b)(8) if the instituting an exemption proceeding
VerDate Sep<11>2014 18:32 Mar 30, 2015 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/80_FR_17202/page/1.svg)
![17142 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices
pursuant to 49 U.S.C. 10502(b). A final By the Board, Rachel D. Campbell, New Jersey Ave. SE., Washington, DC
decision will be issued by June 29, Director, Office of Proceedings. 20590.
2015. Kenyatta Clay,
ADDRESSES: For access to the docket to
Clearance Clerk. read background documents, including
Any OFA under 49 CFR 1152.27(b)(2)
will be due by July 9, 2015, or 10 days [FR Doc. 2015–07243 Filed 3–30–15; 8:45 am] those referenced in this document, or to
after service of a decision granting the BILLING CODE 4915–01–P read comments received, go to:
petition for exemption, whichever • Regulations.gov, http://
occurs first. Each OFA must be www.regulations.gov, at any time and
DEPARTMENT OF TRANSPORTATION insert FMCSA–2013–0513 in the
accompanied by a $1,600 filing fee. See
‘‘Keyword’’ box, and then click
49 CFR 1002.2(f)(25). Federal Motor Carrier Safety ‘‘Search.’’
All interested persons should be Administration • Docket Management Facility, Room
aware that, following abandonment, the W12–140, DOT Building, 1200 New
[FMCSA–2013–0513]
Line may be suitable for other public Jersey Ave. SE., Washington, DC 20590.
use, including interim trail use. Any Registration and Financial Security You may view the docket online by
request for a public use condition under Requirements for Brokers of Property visiting the facility between 9 a.m. and
49 CFR 1152.28 or for trail use/rail and Freight Forwarders; Association of 5 p.m., Monday through Friday except
banking under 49 CFR 1152.29 will be Independent Property Brokers and Federal holidays.
due no later than April 20, 2015. Each Agents’ Exemption Application Viewing Comments and Documents
trail request must be accompanied by a
AGENCY: Federal Motor Carrier Safety AIPBA’s exemption application and
$300 filing fee. See 49 CFR
Administration (FMCSA). all public comments are available in the
1002.2(f)(27). public docket. To view comments filed
ACTION: Notice of denial of application
All filings in response to this notice for exemption. in this docket, go to http://
must refer to Docket No. AB 303 (Sub- www.regulations.gov and click on the
No. 46X) and must be sent to: (1) SUMMARY: FMCSA denies an application ‘‘Read Comments’’ box in the upper
Surface Transportation Board, 395 E from the Association of Independent right hand side of the screen. Then, in
Street SW., Washington, DC 20423– Property Brokers and Agents (AIPBA) the ‘‘Keyword’’ box, insert ‘‘FMCSA–
0001; and (2) Robert A. Wimbish, for an exemption for all property 2013–0513’’ and click ‘‘Search.’’ Next,
Fletcher & Sippel LLC, 29 North Wacker brokers and freight forwarders from the click ‘‘Open Docket Folder’’ in the
Drive, Suite 920, Chicago, IL 60606– $75,000 bond provision included in ‘‘Actions’’ column. Finally, in the
2832. Replies to the petition are due on section 32918 of the Moving Ahead for ‘‘Title’’ column, click on the document
or before April 20, 2015. Progress in the 21st Century Act (MAP– you would like to review. If you do not
21), now codified in 49 U.S.C. 13906. have access to the Internet, you may
Persons seeking further information AIPBA filed its request pursuant to 49 view the docket by visiting the Docket
concerning abandonment procedures U.S.C. 13541 on August 14, 2013. On Management Facility at the address
may contact the Board’s Office of Public December 26, 2013, FMCSA published a above.
Assistance, Governmental Affairs and notice in the Federal Register
Compliance at (202) 245–0238 or refer Privacy Act
requesting comments from all interested
to the full abandonment regulations at parties on AIPBA’s exemption In accordance with 5 U.S.C. 553(c),
49 CFR part 1152. Questions concerning application. After reviewing the public DOT solicits comments from the public
environmental issues may be directed to comments, the Agency has concluded to better inform its rulemaking process.
the Board’s Office of Environmental that the exemption should be denied on DOT posts these comments, without
Analysis (OEA) at (202) 245–0305. the basis that 49 U.S.C.13541 does not edit, including any personal information
Assistance for the hearing impaired is give FMCSA the authority to essentially the commenter provides, to
available through the Federal nullify a statutory provision by www.regulations.gov, as described in
exempting the entire class of persons the system of records notice (DOT/ALL–
Information Relay Service at 1–800–
subject to the provision. Furthermore, 14 FDMS), which can be reviewed at
877–8339.
even if the Agency had the authority to www.dot.gov/privacy.
An environmental assessment (EA) (or SUPPLEMENTARY INFORMATION:
issue such a blanket exemption,
environmental impact statement (EIS), if
AIPBA’s exemption application does Legal Basis for the Exemption
necessary) prepared by OEA will be
not meet the factors provided in section Application and Proceeding
served upon all parties of record and
13541 because (1) the new $75,000 bond
upon any other agencies or persons who Section 13541(a) of title 49 of the
requirement is necessary to carry out the
comment during its preparation. Other United States Code (49 U.S.C. 13541)
National Transportation Policy at 49
interested persons may contact OEA to requires the Secretary of Transportation
U.S.C.13101, (2) there has been no
obtain a copy of the EA (or EIS). EAs in (Secretary) to exempt a person, class of
showing that the $75,000 requirement
abandonment proceedings normally will persons, or a transaction or service from
‘‘is not needed to protect shippers from
be made available within 60 days of the the application, in whole or in part, of
the abuse of market power’’ and (3) the
filing of the petition. The deadline for a provision of 49 U.S.C., Subtitle IV,
requested exemption is not in the public
Part B (Chapters 131–149), or to use the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
submission of comments on the EA interest.
generally will be within 30 days of its exemption authority to modify the
DATES: This decision is effective March application of a provision of 49 U.S.C.
service. 31, 2015. Chapters 131–149 as it applies to such
Board decisions and notices are FOR FURTHER INFORMATION CONTACT: Mr. person, class, transaction, or service
available on our Web site at Thomas Yager, Chief of Driver and when the Secretary finds that the
‘‘WWW.STB.DOT.GOV.’’ Carrier Operations, (202) 366–4001 or application of the provision:
Decided: March 25, 2015. thomas.yager@dot.gov, FMCSA, • Is not necessary to carry out the
Department of Transportation, 1200 transportation policy of 49 U.S.C. 13101
VerDate Sep<11>2014 18:32 Mar 30, 2015 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/80_FR_17202/page/2.svg)
Document Created: 2015-12-18 11:48:18
Document Modified: 2015-12-18 11:48:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 17141 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR