|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN KEWAUNEE COUNTY, WI|
|Director Of Proceedings|
|GRANTED WISDNR/DOT AND FVW'S MOTION FOR AN EXTENSION OF THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JULY 23, 2000.|
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|Full Text of Decision|
SURFACE TRANSPORTATION BOARD
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
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).