[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Pages 30036-30037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14468]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33600]


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

    Wisconsin & Southern Railroad Company (WSOR), a Class III rail 
carrier, has agreed to grant non-exclusive overhead trackage rights to 
Wisconsin Central Ltd (WCL), a Class II rail carrier, over WSOR's line 
of railroad between milepost 112.6, at Rugby Junction, WI, and milepost 
93.4, at North Milwaukee, WI, including trackage connecting with Fox 
Valley & Western Ltd.''s (FVW) main line at DBR Junction (milepost 
103.1), a distance of approximately 19.2 miles.
    The purpose of the trackage rights is to interchange cars between 
WCL and the Canadian Pacific and Union Pacific and between WCL and FVW, 
as well as connecting various WCL and FVW lines and trackage rights.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected as required by 49 U.S.C. 11326(b), 
subject to the procedural interpretations of the analogous statutory 
provisions at 49 U.S.C. 10902 contained in the Board's decision in 
Wisconsin Central Ltd.--Acquisition Exemption--Lines of Union Pacific 
Railroad Company, STB Finance Docket No. 33116 (STB served Apr. 17, 
1997) (WCL Exemption).<SUP>1</SUP>
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    \1\ WCL has stated that it is alternatively willing to accept 
the conditions set out 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). Section 
11326(b) provides that parties may agree to terms other than as 
provided in that subsection.

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[[Page 30037]]

    The transaction is scheduled to be consummated on or after June 1, 
1998.<SUP>2</SUP>
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    \2\ The notice to employees discussed in WCL Exemption and 
recently adopted as a requirement for certain transactions in 
Acquisition of Rail Lines Under 49 U.S.C. 10901 and 10902--Advance 
Notice of Proposed Transactions, STB Ex Parte No. 562 (STB served 
Sept. 9, 1997), does not apply to exempt trackage rights 
transactions.
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    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33600, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Michael J. Barron, Jr., Esq., Wisconsin Central Ltd., 6250 
North River Road, Suite 9000, Rosemont, IL 60018.

    Decided: May 26, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-14468 Filed 6-1-98; 8:45 am]
BILLING CODE 4915-00-P