[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Page 18799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35144]


Wisconsin & Southern Railroad Company[horbar]Acquisition and 
Operation Exemption--Union Pacific Railroad Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for 
exemption from the prior approval requirements of 49 U.S.C. 10902 for 
the Wisconsin & Southern Railroad Company (WSOR), a Class II rail 
carrier, to acquire and operate a permanent exclusive freight rail 
operating easement over approximately 10.95 miles of railroad known as 
the Kohler Industrial Lead that is currently owned by Union Pacific 
Railroad Company (UP) and to acquire and operate approximately 1,000 
feet of UP spur track, subject to labor protective conditions. The 
easement extends from a connection with WSOR's north-south Kiel-to-
Saukville line at milepost 14.95 at Plymouth, WI, to milepost 4.0 near 
Kohler, WI. The UP spur track constitutes the lead to the site of the 
former Cargill Malt Plant at Kohler. This transaction is related to a 
concurrently filed verified notice of exemption in Wisconsin & Southern 
Railroad Co.--Trackage Rights Exemption--Union Pacific Railroad 
Company, STB Finance Docket No. 35191. In that proceeding, WSOR seeks 
to acquire from UP and operate 2.8 miles of overhead trackage rights 
over a line of railroad extending between UP milepost 4.0 in Kohler and 
UP milepost 1.2 at Kohler Junction near Sheboygan, WI.\1\ This 
transaction is also related to a concurrently filed petition for 
declaratory order filed in Wisconsin Department of Transportation--
Petition for Declaratory Order--Rail Line in Sheboygan County, WI, STB 
Finance Docket No. 35195. In that proceeding, the Wisconsin Department 
of Transportation seeks a finding that its acquisition of the right-of-
way and railroad assets of the 10.95-mile rail line will not render it 
a rail common carrier. WSOR has requested expedited action in this 
proceeding.
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    \1\ Notice of the filing was served on February 27, 2009, and 
published in the Federal Register on the same day at 74 FR 9019. 
WSOR concurrently filed a motion for protective order, which was 
granted by decision served on March 20, 2009.

DATES: This exemption will be effective on May 8, 2009. Petitions to 
stay must be filed by May 4, 2009. Petitions for reconsideration must 
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be filed by May 14, 2009.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35144, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on WSOR's representative: John D. 
Heffner, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, 
Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339].

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at http://www.stb.dot.gov.

    Decided: April 20, 2009.

    By the Board, Chairman Mulvey, and Vice Chairman Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-9449 Filed 4-23-09; 8:45 am]
BILLING CODE 4915-01-P