[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Page 25562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12310]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33583]


Wisconsin Central Ltd. and Fox Valley & Western Ltd.--Joint 
Relocation Project Exemption--In Fond Du Lac, WI

    Wisconsin Central Ltd. (WCL) and Fox Valley & Western Ltd. (FVW) 
have jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to 
enter into a project to relocate lines of railroad in Fond Du Lac, WI. 
Both WCL and FVW are Class II railroads commonly controlled by 
Wisconsin Central Transportation Company. The transaction was expected 
to be consummated on or shortly after April 16, 1998, the effective 
date of the exemption.
    WCL and FVW own and operate parallel lines of railroad through Fond 
Du Lac, WI. The joint relocation will reroute operations from, and 
allow removal of, duplicative rail lines. Under the joint project, WCL 
and FVW agree to the following transactions: (1) WCL will abandon its 
line of railroad on FVW Line One between MP-175.85 near Dixie and 
Morris Street and MP-178.40 north of Scott Street, a distance of 
approximately 2.55 miles, and will also abandon its line of railroad on 
FVW Line Two between MP-145.58 near Guinette and Woodlawn Avenues and 
MP-146.24 north of Ninth Street where it connects with FVW Line One, a 
distance of approximately .66 miles, all in Fond Du Lac, WI; (2) FVW 
will construct a connecting track of approximately 2,430 feet in length 
between the WCL Line and FVW Line Two in the vicinity of Morris and 
Dixie Streets; \1\ and (3) WCL will grant FVW trackage rights over the 
WCL Line between MP-154.87 at Dixie and Farwell Streets and MP-157.24 
north of Scott Street, a distance of 2.37 miles.
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    \1\ This will connect FVW Line Two with the WCL line. FVW Line 
One is already connected to the WCL line.
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    The proposed joint relocation project will simplify rail 
operations. The notice states that no shippers will be adversely 
affected by these relocations or lose access to any rail service 
currently provided by WCL or FVW. It also states that Stock Lumber, 
Inc., located at MP-177.78 on FVW Line One, will continue to receive 
rail service via trackage that FVW is contractually bound to retain 
after the joint relocation project is completed.
    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 
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).
    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 to STB 
Finance Docket No. 33583, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on: Michael J. Barron, Esq., Wisconsin Central Ltd. and Fox 
Valley & Western Ltd., 6250 North River Road, Suite 9000, Rosemont, IL 
60018.

    Decided: May 4, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12310 Filed 5-7-98; 8:45 am]
BILLING CODE 4915-00-P