[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Page 76030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27856]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34621]


Wisconsin & Southern Railroad Co.--Trackage Rights Exemption--
Wisconsin Central Ltd.

    Wisconsin Central Ltd. (WCL) has agreed to grant overhead trackage 
rights to Wisconsin & Southern Railroad Co. (WSOR) over WCL's rail line 
between the WCL/WSOR connection at North Milwaukee at milepost 95.18 
and the property line at Saukville, WI, at milepost 114.8, a distance 
of approximately 19.62 miles.\1\
    The earliest the transaction could be consummated was December 8, 
2004, which was one week after the filing date of the notice of 
exemption. However, WSOR indicates that it proposes to consummate the 
transaction no later than 15 days after the Board renders a favorable 
decision in a Petition for Declaratory Order filed by the Wisconsin 
Department of Transportation (WisDOT) in STB Finance Docket No. 34623, 
currently pending, requesting a determination that WisDOT will not 
become a rail carrier by its purchase of certain assets of a rail line 
over which WSOR is acquiring the right to operate.\2\
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
WSOR and WCL was filed with the notice of exemption. WSOR 
concurrently filed a full, confidential version of the agreement 
under seal along with a motion for protective order under 49 CFR 
1104.14 to prevent public disclosure of commercially sensitive data 
contained in the document which could be damaging if disclosed. The 
motion will be granted. The confidential version of its agreement 
will be kept under seal and will not be placed in the public docket 
unless otherwise ordered by the Board.
    \2\ WSOR states that the trackage rights will enable it to 
connect its rail system with that line, which WisDOT recently was 
authorized to acquire the assets of, and WSOR to operate, in 
Wisconsin Central Ltd.--Abandonment--in Ozaukee, Sheboygan and 
Manitowoc Counties, WI, STB Docket No. AB-303 (Sub-No. 27) (STB 
served Dec. 3, 2004). That line is known as the Plymouth Line and 
extends some 37-miles from milepost 114.8 near Saukville to milepost 
151.8 near Kiel, in Ozaukeee, Sheboygan and Manitowoc Counties, WI.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to enable WSOR to connect the 
Kiel-Saukville line with the rest of its rail system and provide 
shippers on the line with more frequent, locally oriented service than 
is currently provided by WCL. The trackage also will enable WSOR to 
offer shippers multiple Class I railroad connections, which they 
currently lack, new markets for their outbound traffic, and new sources 
for inbound traffic located on WSOR's rail system.
    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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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. 34621, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27856 Filed 12-17-04; 8:45 am]
BILLING CODE 4915-01-P