[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14951]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32499]

 

Canadian National Railway Company--Trackage Rights Exemption--
Grand Trunk Western Railroad Incorporated, et al.

    Grand Trunk Western Railroad Incorporated (GTW), successor to Grand 
Trunk Western Railroad Company, has filed a verified notice under the 
rail class exemption at 49 CFR 1180.2(d)(7) to grant/assign trackage 
rights to Canadian National Railway Company (CN) over 109.07 miles of 
line in Michigan. The exemption became effective on May 12, 1994. The 
transaction was consummated May 31, 1994.1
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    \1\Under the Commission's rules governing rail class exemptions, 
the exemption becomes effective 7 days after the verified notice is 
filed. 49 CFR 1180.4(g)(1). The parties may consummate the 
underlying transaction on or after the exemption's effective date. 
At 5 p.m. on May 27, 1994, United Transportation Union and 
Brotherhood of Locomotive Engineers filed a petition to revoke the 
exemption and a motion to stay consummation of the transaction. The 
filing of a petition to revoke will not stay the exemption's 
effectiveness. Because the labor organizations' petition was not 
filed until after regular business hours on Friday, May 27, and 
because Monday, May 30, was a Federal holiday (Memorial Day), the 
Commission was unable to act on the stay request before the 
transaction was consummated on May 31. The arguments of the labor 
organizations will be addressed in the decision on the petition to 
revoke the exemption.
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    GTW is granting CN trackage rights over: (1) The 2.07-mile segment 
of Flint subdivision between the 16th Street rail crossing near the 
west portal of the Sarnia Port Huron Rail Tunnel and the connection 
with St. Clair Tunnel Company (SCTC) at milepost 332.2 (Michigan Road), 
in Port Huron; (2) the 35.9-mile segment of Mt. Clemens subdivision 
between the connection with SCTC at milepost 40.5 (Kroner Road), at or 
near Richmond, and the connection with Consolidated Rail Corporation 
(Conrail) at milepost 4.6 (Milwaukee Junction, accessing Conrail's 
North Yard), in Detroit; (3) the 3.6-mile line between Milwaukee 
Junction and the connection with Conrail at milepost 51.2 (Vinewood 
Junction), in Detroit; (4) the 9.6-mile segment of Shore Line 
subdivision between Ecorse Junction and FN Interlocking at milepost 
37.3, near Trenton; (5) the 6.3-mile segment of River subdivision 
between the connection with Conrail at milepost 4.8 (Mill) and the 
crossing and connection with Shore Line subdivision at milepost 11.1 
(FN Interlocking); (6) the 6.1-mile segment of River subdivision 
between FN Interlocking and milepost 17.2 (accessing Flat Rock Yard); 
(7) the 7.0-mile line between the connection of the Mt. Clemens and 
Holly subdivisions at Milwaukee Junction and the MOTERM Intermodal 
Facility at milepost 11.1, in Ferndale; and (8) the 19.2-mile line 
between MOTERM and milepost 30.3 (West Pontiac), including the Johnson 
Avenue Yard Facility at Pontiac. GTW is assigning trackage rights to CN 
over the 15.1-mile SCTC line between the connections with the Mt. 
Clemens subdivision at milepost 55.6, near Michigan Avenue (Tappan), 
and milepost 40.5, near Richmond.2 GTW, Norfolk and Western 
Railway Company (NW), and CSX Transportation, Inc. (CSXT), are granting 
CN trackage rights over the 4.2-mile line between Vinewood Junction and 
the western connection with Norfolk Southern Railway Company (NS) at 
milepost 46.9 (Ecorse Junction, or River Rouge).3
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    \2\By resolution of the SCTC Board of Directors dated April 28, 
1994, GTW acquired the right to assign these trackage rights to any 
responsible third party, subject to GTW's assumption of all third 
party liability.
    \3\This line comprises 3.19 miles of NS track between milepost 
50.2 (West Detroit) and River Rouge, 0.1 mile of CSXT track at 
Delray Interlocking about midway between said points, and about 1 
mile of GTW track between Vinewood Junction and West Detroit. By 
separate agreements executed May 17 and 28, 1994, respectively, NW 
and CSXT have granted CN trackage rights over their respective 
segments.
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    As a condition to this exemption, any employees adversely affected 
by the trackage rights will be protected under 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).4
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    \4\GTW served the required notice to begin negotiating an 
implementing agreement with representatives of its employees on May 
6, 1994.
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    If the verified 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 exemption's effectiveness. An 
original and 10 copies of all pleadings, referring to Finance Docket 
No. 32499, must be filed with the Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423. In 
addition, a copy of each pleading must be served on Kevin M. Stanko, 
1333 Brewery Park Boulevard, Detroit, MI 48207, and on Allan A. Brown, 
97 Front St. West, Suite 4338, Union Station, Toronto, ON M5J-1E7.

    Decided: June 13, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-14951 Filed 6-17-94; 8:45 am]
BILLING CODE 7035-01-P