Norfolk Southern Railway CompanyTrackage Rights Exemption Grand Trunk Western Railroad Incorporated

[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Notices]
[Pages 38941-38942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18329]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33770]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Grand Trunk Western Railroad Incorporated

    Grand Trunk Western Railroad Incorporated (GTW), a wholly owned 
subsidiary of Canadian National Railway Company (CN), has agreed to 
grant non-exclusive overhead trackage rights to Norfolk Southern 
Railway Company (NSR) over a 4.4-mile segment of GTW's Shoreline 
Subdivision between the proposed CN/Consolidated Rail Corporation 
(Conrail) 1 connection at approximately milepost 54.6 at 
Milwaukee Junction in Detroit, MI, and the existing CN connection with 
NSR at approximately milepost 50.2 at West Detroit, MI. 2
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    \1\  By decision served July 23, 1998, the Board approved, 
subject to certain conditions, the acquisition of control of 
Conrail, and the division of the assets thereof, by CSX Corporation 
and CSX Transportation, Inc. (referred to collectively as CSX) and 
Norfolk Southern Corporation and Norfolk Southern Railway Company 
(referred to collectively as NS). See CSX Corporation and CSX 
Transportation, Inc., Norfolk Southern Corporation and Norfolk 
Southern Railway Company--Control and Operating Leases/Agreements--
Conrail Inc. and Consolidated Rail Corporation, STB Finance Docket 
No. 33388, Decision No. 89 (STB served July 23, 1998). Acquisition 
of control of Conrail was effected by CSX and NS on August 22, 1998. 
The division of the assets of Conrail was effected by CSX and NS on 
June 1, 1999. See CSX Corporation and CSX Transportation, Inc., 
Norfolk Southern Corporation and Norfolk Southern Railway Company--
Control and Operating Leases/Agreements--Conrail Inc. and 
Consolidated Rail Corporation, STB Finance Docket No. 33388, 
Decision No. 127 (STB served May 20, 1999). Conrail continues to 
operate rail properties in Michigan, New Jersey, and Pennsylvania.
    \2\  A redacted version of the Trackage Rights Agreement between 
GTW and NSR was filed with the notice of exemption. The full version 
of the agreement was concurrently filed under seal along with a 
motion for a protective order. The motion will be addressed in a 
separate decision.
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    The transaction was expected to be consummated on or after July 7, 
1999, the effective date of the exemption (7 days after notice of the 
exemption was filed).
    The Shoreline Subdivision runs generally north-south through 
Detroit and connects with NSR, CSXT, and Conrail lines in Detroit. The 
trackage rights will permit NSR to move

[[Page 38942]]

overhead traffic more safely, efficiently, and quickly through the 
Detroit area.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33770, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on James R. Paschall, Three Commercial Place, Norfolk, VA 23510-
2191.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 13, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-18329 Filed 7-19-99; 8:45 am]
BILLING CODE 4915-00-P