[Federal Register: July 8, 1999 (Volume 64, Number 130)]
[Notices]
[Page 36967-36968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy99-135]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33768]
Grand Trunk Western Railroad Incorporated--Trackage Rights
Exemption--Consolidated Rail Corporation 1
Consolidated Rail Corporation (Conrail) has agreed to grant
limited, non-exclusive overhead trackage rights to Grand Trunk Western
Railroad Incorporated (GTW), over segments of Conrail's lines as
follows: (1) On Conrail's North Yard Branch between MP 6.7 (at Canadian
National Railway Company's (CN) Milwaukee Junction, the proposed
connection point between CN and Conrail) and MP 2.9 (the connection
point between Conrail's North Yard Branch and Conrail's Detroit Line);
and (2) on Conrail's Detroit Line between MP 2.9 and MP 18.9 (the
proposed CN/Conrail connection near Gibraltar which is CN's Denby
Station), for a total distance of approximately 20 miles.2
The purpose of the trackage rights is to enable GTW to improve its
service and expedite its trains through the congested Detroit, MI
terminal area. The transaction was scheduled to be consummated on or
after June 25, 1999, the effective date of the exemption (7 days after
the exemption was filed).
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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).
\2\ A redacted version of the draft trackage rights agreement
between Conrail and GTW was filed with the notice of exemption. The
full version of the agreement, as required by 49 CFR
1180.6(a)(7)(ii), was concurrently filed under seal along with a
motion for a protective order, which will be addressed in a separate
decision.
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As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
& Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.--Lease & Operate, 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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33768, 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 Robert P. vom Eigen or Jamie P. Rennert, HOPKINS & SUTTER,
888 16th Street, NW, Washington, DC 20006.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
[[Page 36968]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Decided: July 1, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-17388 Filed 7-7-99; 8:45 am]
BILLING CODE 4915-00-P