[Federal Register: February 3, 2006 (Volume 71, Number 23)]
[Notices]
[Page 5907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe06-134]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34821]
Norfolk Southern Railway Company--Trackage Rights Exemption--
Meridian Speedway LLC--Between Meridian, MS and Shreveport, LA
Meridian Speedway LLC (MSLLC) has agreed to grant overhead trackage
rights to Norfolk Southern Railway Company (NSR) \1\ to permit NSR to
operate over a line of railroad being transferred to MSLLC.\2\ The
trackage rights extend over this line between milepost 0.0 at Meridian,
MS, and milepost 95.26 at Jackson, MS, and between
milepost 95.7 at Jackson, MS, and milepost V-169.85 at Shreveport, LA, a total distance of approximately 320
miles.\3\
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\1\ A redacted version of the trackage rights agreement was
filed with the notice of exemption. The full version of the
agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under
seal along with a motion for a protective order.
\2\ NSR's verified notice of exemption is related to two other
verified notices of exemption filed on January 17, 2006. In STB
Finance Docket No. 34822, Kansas City Southern (KCS), Kansas City
Southern Railway Company (KCSR), and MSLLC have filed a notice of
exemption relating to an intra-corporate family transaction pursuant
to which KCSR will transfer its line between Meridian, MS, and
Shreveport, LA, to MSLLC, KCS will continue in control of MSLLC
(which will become a carrier upon acquiring the line), and KCSR will
contract with MSLLC to operate the transferred line on MSLLC's
behalf. In STB Finance Docket No. 34823, KCSR has filed a notice of
exemption to acquire trackage rights over the line to be transferred
to MSLLC in STB Finance Docket No. 34822.
\3\ The track segment between milepost 95.26 and milepost 95.7
at Jackson, MS, is owned by Canadian National Railway Company (CN).
KCSR operates over the CN-owned segment pursuant to a trackage
rights agreement. While NSR will seek to negotiate a trackage rights
agreement with CN for that segment as well, KCSR will provide
haulage service for NSR over the CN-owned segment should NSR
exercise the trackage rights under this notice in the interim.
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NSR had intended to consummate the transaction on the later of two
dates, January 24, 2006, or when the transactions described in the two
related verified notices of exemption are consummated. However, by
decision served on January 23, 2006, the effective date of the three
exemptions was stayed, at the joint request of CN, NSR, KCS, KCSR, and
MSLLC, until February 23, 2006. Accordingly, consummation of the
transaction cannot occur until February 23, at the earliest. And NSR
has agreed to exercise the instant trackage rights only in the event of
certain occurrences described in the agreement attached to the notice.
NSR will use the trackage rights for the overhead movement between
Meridian, MS, and Shreveport, LA, of trains handling certain categories
of intermodal traffic. This transaction and the transactions described
in the two related notices of exemption are part of a joint-venture
between KCS and NSR to share and upgrade this portion of the Meridian
Speedway, a line running between Meridian, MS, and Dallas, TX.
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 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. 34821, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on: (1) G. Paul Moates, Sidley
Austin, LLP, 1501 K Street, NW., Washington, DC 20005; and (2) James A.
Squires, Norfolk Southern Corporation, Three Commercial Place, Norfolk,
VA 23510-9241.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov
.
Decided: January 27, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-962 Filed 2-2-06; 8:45 am]
BILLING CODE 4915-01-P