SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_303_27

Case Title:  
WISCONSIN CENTRAL LTD.--ABANDONMENT--IN OZAUKEE, SHEBOYGAN AND MANITOWOC COUNTIES, WI

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
AUTHORIZED THE WISCONSIN DEPARTMENT OF TRANSPORTATION TO ACQUIRE AND THE WISCONSIN & SOUTHERN RAILROAD CO. TO OPERATE THE LINE UNDER 49 U.S.C. 10904.

    Decision Attachments

6 KB

9 KB

Approximate download time at 28.8 kb: 11 Seconds

Note:
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.

    Full Text of Decision

35399                    SERVICE DATE - LATE RELEASE DECEMBER 3, 2004

DO


SURFACE TRANSPORTATION BOARD


DECISION


STB Docket No. AB-303 (Sub-No. 27)


WISCONSIN CENTRAL LTD.–ABANDONMENT–

IN OZAUKEE, SHEBOYGAN AND MANITOWOC COUNTIES, WI


IN THE MATTER OF AN OFFER OF FINANCIAL ASSISTANCE



Decided: December 3, 2004



            By decision and certificate of interim trail use or abandonment served on October 18, 2004, the Board granted authority to Wisconsin Central Ltd. (WCL), under 49 U.S.C. 10903, to abandon a 37-mile line of railroad, known as the Plymouth Line, extending from milepost 114.8 near Saukville to milepost 151.8 near Kiel in Ozaukee, Sheboygan and Manitowoc Counties, WI, subject to trail use, environmental and standard employee protective conditions. The decision and certificate was scheduled to become effective on November 17, 2004, unless an offer of financial assistance (OFA) was filed on or before October 28, 2004.


            On October 27, 2004, the Wisconsin Department of Transportation (WisDOT) and the Wisconsin & Southern Railroad Co. (WSOR) (offerors) jointly filed an OFA under 49 U.S.C. 10904 and 49 CFR 1152.27 for WisDOT to purchase the assets of, and for WSOR to operate, the entire 37-mile Plymouth Line. By decision served on November 1, 2004, the effective date of the decision authorizing the abandonment was postponed to permit the OFA process to proceed.


            By letter filed on December 1, 2004, WCL, WSOR, and WisDOT advised the Board that they have reached an agreement on the terms and conditions for purchase of the line. Footnote


            When a carrier and a person offering to purchase a line enter into an agreement for continued rail service, the Board is required to approve the transaction and dismiss the abandonment application. 49 U.S.C. 10904 and 49 CFR 1152.27(f)(2). Accordingly, the sale will be approved and the application will be dismissed. Footnote


            This action will not significantly affect either the quality of the human environment or the conservation of energy resources.


            It is ordered:


            1. Under 49 U.S.C. 10904, WisDOT is authorized to acquire and WSOR is authorized to operate the line.


            2. Under 49 U.S.C. 10904 and 49 CFR 1152.27(f)(2), the abandonment application is dismissed effective on the date the sale is consummated.


            3. This decision is effective on its service date.


            By the Board, David M. Konschnik, Director, Office of Proceedings.





                                                                                    Vernon A. Williams

                                                                                              Secretary