SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_303_42_X

Case Title:  
WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WISCONSIN

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION HELD THIS PROCEEDING IN ABEYANCE PENDING A RESPONSE FROM WISCONSIN CENTRAL LTD. AND FURTHER BOARD ORDER.

    Decision Attachments

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    Full Text of Decision

43556 SERVICE DATE – DECEMBER 20, 2013

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 303 (Sub-No. 42X)

 

WISCONSIN CENTRAL LTD.—ABANDONMENT EXEMPTION—IN BROWN COUNTY, WISCONSIN

 

Decided: December 20, 2013

 

On September 6, 2013, Wisconsin Central Ltd. (WCL), filed a petition for exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C.  10903 to abandon an approximately 0.33-mile rail line between milepost 97.75 and milepost 98.08 in Denmark, Brown County, Wis. (the Line). WCL states that it is seeking to abandon the Line with the support of United Cooperative (United), the sole shipper on the Line, in order to improve rail service to United’s facility.

 

On October 17, 2013, the Wisconsin Department of Transportation (WisDOT) on behalf of the Wisconsin Department of Natural Resources (Trail Sponsor) filed a request for the issuance of a notice of interim trail use (NITU). WisDOT and the Trail Sponsor state that, under Wisconsin state law, the State of Wisconsin, through WisDOT, has the statutory first right to acquire for present or future transportation, recreational, or scenic purposes any property used in operating a railroad that is abandoned in Wisconsin. The Trail Sponsor has indicated its willingness to negotiate with United to satisfy United’s freight rail needs. WCL has not responded to the NITU request.

 

To allow for further negotiations between the affected parties and to ensure the Board has all of the information necessary to make an informed decision, the Board will hold this matter in abeyance pending a response from WCL.

 

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

 

It is ordered:

 

1.                  This proceeding is held in abeyance pending a response from WCL and further Board order.

 

2.                  This decision is effective on the date of service.

 

By the Board, Rachel D. Campbell, Director, Office of Proceedings.