[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10297]


[[Page Unknown]]

[Federal Register: April 29, 1994]


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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32485]

 

Norfolk & Western Railway Co.; Trackage Rights Exemption; 
Canadian National Railway Co., CNCP Niagara-Detroit

    Canadian National Railway Company (CNRC) and CNCP Niagara-
Detroit1 have agreed to expand their existing trackage rights 
agreement.2 Under their supplemental agreement, the trackage 
rights will allow all overhead traffic now being routed over a joint 
NW-CP rail car ferry facility operation adjacent to the said Detroit 
River Tunnel to be relocated (rerouted) through said tunnel, thereby 
increasing the efficiency of U.S.-Canadian rail movements of NW's and 
CP's traffic by decreasing the time necessary to move cars across the 
U.S-Canadian border at Detroit. The expanded trackage rights are to 
become effective on May 1, 1994.
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    \1\ CNRC is manager and operator of the Detroit River Tunnel; 
CNCP Niagara-Detroit, a partnership comprised of CNRC and Canadian 
Pacific Limited (CP), is owner of the Detroit River Tunnel.
    \2\ By notice of exemption in Norfolk and Western Railway 
Company--Trackage Rights Exemption--Canadian National Railway 
Company and CNCP Niagara-Detroit, Finance Docket No. 31750 (ICC 
served Oct. 23, 1990), Norfolk and Western Railway Company (NW) was 
granted trackage rights between milepost 226.3, at the International 
Boundary line between the United States and Canada in the Detroit 
River Tunnel, approximately in the middle of the Detroit River, and 
milepost 228.1, at Detroit, MI. These mileposts describe the portion 
of the trackage rights lying wholly within the United States that 
are the subject of this notice. CNRC and CNCP Niagara-Detroit also 
agreed to grant overhead trackage rights to NW between milepost 
225.1, at Windsor, Ontario, Canada, and milepost 228.1, at Detroit. 
The portion of the trackage rights in Canada is not within the scope 
of this notice.
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    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. 10505(d) may 
be filed at any time. The filing of a petition to revoke will not stay 
the transaction. Pleadings must be filed with the Commission and served 
on: James L. Howe, III, Norfolk and Western Railway Company, Three 
Commercial Place, Norfolk, VA 23510-2191.
    As a condition to use of this exemption, any employees adversely 
affected by the trackage rights will be protected pursuant to 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).

    Decided: April 21, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-10297 Filed 4-28-94; 8:45 am]
BILLING CODE 7035-01-P