|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|WISCONSIN CENTRAL LTD.--ABANDONMENT--IN OZAUKEE, SHEBOYGAN AND MANITOWOC COUNTIES, WI|
|Director Of Proceedings|
|AUTHORIZED THE WISCONSIN DEPARTMENT OF TRANSPORTATION TO ACQUIRE AND THE WISCONSIN & SOUTHERN RAILROAD CO. TO OPERATE THE LINE UNDER 49 U.S.C. 10904.|
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|Full Text of Decision|
35399 SERVICE DATE - LATE RELEASE DECEMBER 3, 2004
SURFACE TRANSPORTATION BOARD
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.
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.
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