[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
