[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