[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Pages 10262-10263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03345]



Surface Transportation Board

[Docket No. FD 35715]

Norfolk Southern Railway Company--Temporary Trackage Rights 
Exemption--Grand Trunk Western Railroad Company and Wisconsin Central 

    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.

    \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.

    The transaction may be consummated on or after February 27, 2013, 
the effective date of the exemption (30 days after the exemption is 

    \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.

    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 
    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 

    Decided: February 8, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-03345 Filed 2-12-13; 8:45 am]