SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_402_5_X

Case Title:  
FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN KEWAUNEE COUNTY, WI

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
GRANTED WISDNR/DOT AND FVW'S MOTION FOR AN EXTENSION OF THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JULY 23, 2000.

    Decision Attachments


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    Full Text of Decision

30782

SERVICE DATE - JANUARY 24, 2000

DO

SURFACE TRANSPORTATION BOARD

DECISION

STB Docket No. AB-402 (Sub-No. 5X)

FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN

KEWAUNEE COUNTY, WI

Decided: January 19, 2000

By decision and notice of interim trail use or abandonment (NITU) served on August 3, 1998, a 180-day period was authorized for the Wisconsin Department of Natural Resources, acting through the Wisconsin Department of Transportation (collectively referred to as WisDNR/DOT), to negotiate an interim trail use/rail banking agreement with Fox Valley & Western Ltd. (FVW)(1) for FVW's 16.7-mile line of railroad, known as the Luxemburg-Kewaunee Line, extending from milepost 18.9 near Luxemburg to milepost 35.6 at the end of the line near Kewaunee, in Kewaunee County, WI. At the joint request of WisDNR/DOT and FVW, the 180-day negotiating period under the NITU was extended by decisions served January 28, 1999, and July 22, 1999. The latest extension is scheduled to expire on January 25, 2000.

On January 13, 2000, WisDNR/DOT and FVW jointly filed a motion for an extension of the NITU negotiating period for an additional 180 days. They state that negotiations are continuing in good faith, but that more time is needed to finalize negotiations.

Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended.(2) The requested extension will promote the establishment of trail use and rail banking consistent with the National Trails System Act, 16 U.S.C. 1247(d). Accordingly, the NITU negotiating period will be extended for an additional 180 days from January 25, 2000.

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

It is ordered:

1. The joint motion of WisDNR/DOT and FVW is granted.

2. The negotiating period under the NITU is extended for 180 days until July 23, 2000.

3. This decision is effective on its service date.

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







Vernon A. Williams

Secretary

1. FVW is a wholly owned subsidiary of Wisconsin Central Transportation Corporation.

2. See Rail Abandonments--Supplemental Trails Act Procedures, 4 I.C.C.2d 152 (1987).