[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10262-10263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03345]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35715]
Norfolk Southern Railway Company--Temporary Trackage Rights
Exemption--Grand Trunk Western Railroad Company and Wisconsin Central
Ltd.
Pursuant to a temporary trackage rights agreement dated January 24,
2013, Grand Trunk Western Railroad Company and Wisconsin Central Ltd.
(collectively, CN) have agreed to grant temporary overhead trackage
rights \1\ to Norfolk Southern Railway Company (NSR) over the CN rail
lines located: (1)
[[Page 10263]]
Between CN's connection with NSR at or near milepost 99.5 in South
Bend, Ind., and at or near milepost 36.1 in Griffith, Ind., on CN's
South Bend Subdivision, a distance of approximately 63.4 miles; and (2)
between milepost 36.1 in Griffith and CN's Kirk Yard at or near
milepost 45.4 in Gary on CN's Matteson Subdivision, a distance of
approximately 9.3 miles.
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\1\ NSR states that this notice was not filed under the Board's
class exemption for temporary trackage rights at 49 CFR.
1180.2(d)(8) because the agreement contemplates that the temporary
trackage rights will be in effect for more than one year. See 49 CFR
1180.2(d)(8) (``Acquisition of temporary trackage rights by a rail
carrier over lines owned or operated by any other rail carrier or
carriers that are * * * scheduled to expire on a specific date not
to exceed 1 year from the effective date of the exemption.'')
Therefore, NSR concurrently filed a petition for partial revocation
of this exemption in Norfolk Southern Railway Company--Temporary
Trackage Rights Exemption--Grand Trunk Western Railroad Company &
Wisconsin Central Ltd., Docket No. FD 35715 (Sub-No. 1), wherein NSR
requests that the Board permit the proposed trackage rights
arrangement described in the present proceeding to expire 24 months
after the commencement date of the agreement, or the date that the
Gary City Track Connection, at or near Gary, Ind., is completed and
in use, whichever comes first. That petition will be addressed by
the Board in a separate decision.
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The transaction may be consummated on or after February 27, 2013,
the effective date of the exemption (30 days after the exemption is
filed).\2\
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\2\ NSR states in its verified notice of exemption that the
trackage rights will be consummated on or after February 24, 2013.
However, a transaction filed under 49 CFR1180.2(d) may not be
consummated until 30 days after the notice was filed. 49 CFR
1180.4(g). NSR filed this notice on January 28, 2013.
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The purpose of this transaction is to allow NSR to interchange with
CN at CN's Kirk Yard in Gary during the construction of the Gary City
Track Connection.
As a condition to this exemption, any employee affected by the
trackage rights will be protected by the conditions imposed in Norfolk
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease &
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). If it contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the effectiveness of the exemption. Stay petitions must be filed
by February 20, 2013 (at least 7 days before the exemption becomes
effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35715, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on Christine I. Friedman, Norfolk Southern
Railway Company, Three Commercial Place, Norfolk, VA 23510.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: February 8, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-03345 Filed 2-12-13; 8:45 am]
BILLING CODE 4915-01-P