[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)] [Notices] [Pages 3963-3964] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-2216] This notice relates to functions that are subject to Board jurisdiction pursuant to 49 U.S.C. 11323. [STB Finance Docket No. 32859] Wisconsin Central Ltd. and Fox Valley & Western Ltd.--Joint Relocation Project Exemption--Oshkosh, WI On January 17, 1996, Wisconsin Central Ltd. (WCL) and Fox Valley & Western Ltd. (FVW) jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to enter into a project to relocate lines of railroad in Oshkosh, WI. Both WCL and FVW are Class II railroads commonly controlled by Wisconsin Central Transportation Company. The proposed transaction is to be consummated on or after January 27, 1996. WCL and FVW own and operate parallel lines of railroad through Oshkosh, WI. The joint relocation will reroute operations from, and allow removal of, several miles of duplicative rail line. WCL's current rail line runs through Oshkosh from milepost 168.8 near East Fisk Avenue to milepost 176.6 near Harrison Road in north Oshkosh. Under the terms of joint project, WCL and FVW agree to the following: (1) Crossovers will occur at each end of the segment of the track to be relocated, connecting WCL's rail line to FVW's rail line at FVW milepost 190.00 near East Fish Avenue and at FVW milepost 197.05 near Harrison Road; (2) WCL will acquire trackage rights from FVW between FVW milepost 190.00 and FVW 197.05, a distance of 7.05 miles; and (3) WCL will acquire trackage rights from FVW between FVW milepost 181.6 and 190.00, a distance of 8.4 miles, which will allow WCL to access the relocated track at two connection points. WCL will acquire trackage rights from FVW totaling approximately 15.45 miles. In addition, two small track segments will remain to allow WCL to serve shippers from the relocated line. One segment runs from approximately WCL milepost 169.36 (FVW milepost 190.52) to WCL milepost 172.05. The other runs from approximately WCL milepost 175.80 to WCL milepost 176.32 (FVW milepost 196.85). The notice states that the joint relocation project will simplify rail operations within Oshkosh and will accommodate the efforts of the City of Oshkosh to reduce interference with [[Page 3964]] vehicular traffic. It also states that no shippers are located on the rail line that will be removed as part of this joint project. 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, 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, 354 I.C.C. 732 (1978) and 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. Any pleadings must be filed with the Board and served on: Janet H. Gilbert, Assistant General Counsel, Wisconsin Central Ltd. and Fox Valley & Western Ltd., 6250 North River Road, Suite 9000, Rosemont, IL 60018. Decided: January 29, 1996. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 96-2216 Filed 2-1-96; 8:45 am] BILLING CODE 4915-00-P