[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42039-42040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17662]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36339]


Wisconsin Rapids Railroad, L.L.C.--Lease and Operation 
Exemption--Line of Wisconsin Central Ltd.

    Wisconsin Rapids Railroad, L.L.C. (WRR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from 
Wisconsin Central Ltd. (WCL) and operate approximately 1.1 miles of 
rail line (the Line), extending from milepost 0.4 at Plover

[[Page 42040]]

Road to milepost 1.5 at Biron Drive in Biron, Wis.
    This transaction is related to a concurrently filed verified notice 
of exemption in Watco Holdings, Inc.--Continuance in Control 
Exemption--Wisconsin Rapids R.R., Docket No. FD 36340, in which Watco 
Holdings, Inc., seeks to continue in control of WRR upon WRR's becoming 
a Class III rail carrier.
    WRR states that it and WCL will shortly execute a Track Lease and 
Operating Agreement pursuant to which WRR will lease the Line from WCL 
and will be the operator of the Line.\1\ WRR further states that the 
proposed agreement between WRR and WCL does not contain any provision 
that limits WRR's future interchange of traffic on the Line with a 
third-party connecting carrier.
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    \1\ WRR states that it, WCL, and ND Paper, Inc. (ND), the sole 
shipper on the Line, have entered into arrangements that contemplate 
WCL's abandonment of, and WRR's discontinuance of service on, the 
Line; ND's subsequent acquisition of the trackage as a noncarrier; 
and WRR's provision of switching service for ND on what will then be 
ND industry trackage. WRR states that it is leasing the Line from 
WCL and submitting its verified notice of exemption here at the 
request of ND, so that WRR service to ND can begin immediately while 
the parties' longer-term arrangements are implemented. Acquisitions 
of active rail lines under 49 U.S.C. 10901 are supposed to be for 
continued rail use. See, e.g., Land Conservancy--Acquis. & Operation 
Exemption--Burlington N. & Santa Fe Ry., 2 S.T.B. 673 (1997), 
recons. denied, FD 33389 (STB served May 13, 1998), pet. for 
judicial review dismissed sub nom. Land Conservancy of Seattle & 
King Cty. v. STB, 238 F.3d 429 (9th Cir. 2000). If WRR elects to 
file for discontinuance authority, it must submit evidence showing 
that discontinuance of service over the Line is warranted under the 
Board's statutory authority and rules, and must, under these 
circumstances, demonstrate (e.g., by providing the parties' 
agreement or a statement from ND) that the interests of the shipper 
here will be protected. See Almono LP--Acquis. & Operation 
Exemption--Line of Monogahela Connecting R.R., FD 34250, slip op. 1 
n.2 (STB served Oct. 2, 2002).
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    WRR certifies that its projected annual revenues as a result of 
this transaction will not result in WRR's becoming a Class II or Class 
I rail carrier. WRR further certifies that the projected annual revenue 
of WRR will not exceed $5 million.
    The transaction may be consummated on or after September 1, 2019, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    If the verified 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than August 23, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36339, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on WRR's representative, Audrey L. 
Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606.
    According to WRR, this action is excluded from environmental review 
under 49 CFR 1105.6(c) and from historic reporting requirements under 
49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 13, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-17662 Filed 8-15-19; 8:45 am]
BILLING CODE 4915-01-P