[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9019-9020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4065]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35191]


Wisconsin & Southern Railroad Co.--Trackage Rights Exemption--
Union Pacific Railroad Company

    Pursuant to a written trackage rights agreement, Union Pacific 
Railroad Company (UP) has agreed to grant overhead trackage rights to 
Wisconsin & Southern Railroad Co. (WSOR) over a line of railroad 
extending between UP milepost 4.0 in Kohler, WI, and UP milepost 1.2 at 
Kohler Junction near Sheboygan, WI, a distance of approximately 2.8 
miles.\1\
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    \1\ A redacted version of the proposed trackage rights agreement 
between UP and WSOR was filed with the notice of exemption. The full 
version of the draft agreement was concurrently filed under seal 
along with a motion for protective. The motion is being addressed in 
a separate decision. As required by 49 CFR 1180.6(a)(7)(ii), the 
parties must filed a copy of the executed agreement within 10 days 
of the date the agreement is executed.
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    This transaction is related to a concurrently filed petition for 
exemption for the acquisition and operation of certain other rail lines 
in Wisconsin & Southern Railroad Co.--Acquisition and Operation 
Exemption--Union Pacific Railroad Company, STB Finance Docket No. 
35144. In that proceeding, WSOR seeks an exemption under 49 U.S.C. 
10502 to acquire and operate a permanent exclusive freight operating 
easement over 10.95 miles of railroad known as the Kohler Industrial 
Lead that is currently owned by UP. WSOR states that the State of 
Wisconsin Department of Transportation (WisDot) has executed an 
agreement to purchase the right-of-way and railroad assets comprising 
the line from UP, with WSOR to acquire the freight easement and 
associated common carrier obligation directly from UP. WSOR also seeks 
to acquire and operate approximately 1,000 feet of UP spur track. WSOR 
has requested expedited action in this proceeding.
    This transaction is also related to a concurrently filed petition 
for declaratory order in Wisconsin Department of Transportation--
Petition for Declaratory Order--Rail Line in Sheboygan County, WI, STB 
Finance Docket No. 35195. In that proceeding, WisDot seeks a finding 
that its acquisition of the right-of-way and railroad assets will not 
render it a rail common carrier.
    WSOR states that it proposes to consummate this transaction on or 
about April 15, 2009.
    The trackage rights agreement will allow WSOR to provide rail 
service to the facilities of the Cargill Malt Plant in Kohler and to 
interchange with UP in Sheboygan.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004

[[Page 9020]]

of the Solid Waste Disposal Act, 42 U.S.C. 6903.
    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 effectiveness of the exemption. Stay petitions 
must be filed at least 7 days before the exemption becomes effective.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35191, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John D. Heffner, 1750 K Street, 
NW., Suite 200, Washington, DC 20006, and on Mack H. Schumate, Union 
Pacific Railroad Company, 101 N. Wacker Drive, Suite 1920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 20, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-4065 Filed 2-26-09; 8:45 am]
BILLING CODE 4915-01-P