Federal Register, Volume 60 Issue 140 (Friday, July 21, 1995)

[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Pages 37671-37672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17990]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 27748 (Sub-No. 1)]


Chicago and North Western Railway Company and Wisconsin Central 
Limited--Joint Relocation Project Exemption--in Wood County, WI

    On June 23, 1995, Chicago and North Western Railway Company (CNW) 
and Wisconsin Central Limited (WCL) jointly filed a notice of exemption 
under 49 CFR 1180.2(d)(5) to relocate lines of railroad. The proposed 
transaction was expected to be consummated on or after June 30, 1995.
    The line relocation project will result in the rearrangement, 
consolidation and rationalization of CNW's trackage rights over WCL's 
lines between Wisconsin Rapids and Nekoosa, WI. CNW currently operates 
over two of WCL's tracks under separate trackage rights agreements. 
Under the first agreement (the Milwaukee Road Agreement), dated 
September 20, 1973, between CNW and the Chicago, Milwaukee, St. Paul 
and Pacific Company, CNW was granted overhead trackage rights over a 
line between Necedah and Wisconsin Rapids, WI, via Nekoosa, WI. CNW was 
also granted the right to use the line in an emergency to serve Port 
Edwards and Nekoosa, WI.
    Under the second agreement (the Soo Agreement), dated April 17, 
1973, between CNW and Soo Line Railroad Company (Soo), CNW was granted 
overhead trackage rights between Nekoosa and Wisconsin Rapids, WI.\1\

    \1\ The Milwaukee Road Agreement was assumed by Soo Line 
Railroad Company (Soo) in 1985. See Chicago, Milwaukee, St. Paul and 
Pacific Railroad Company--Reorganization--Acquisition by Grand Trunk 
Corporation, 2 I.C.C.2d 161 (1984). In 1987, WCL acquired certain 
assets of Soo, including the line between Necedah and Wisconsin 
Rapids, WI, and the Soo Agreement in Wisconsin Central Ltd.--
Exemption Acquisition and Operation --Certain Lines of Soo Line 
Railroad Company, Finance Docket No. 31102 (ICC served July 28, 
1988).
    The trackage rights were acquired by CNW pursuant to approval 
granted in Chicago and North Western Transportation Company--
Trackage Rights Between Wisconsin Rapids and Necedah in Wood and 
Juneau Counties, WI, Finance Docket No. 27748 (ICC served Nov. 3, 
1975), Chicago and North Western Transportation Company--
Construction of a Line of Railroad at Necedah, Juneau County, WI, 
Finance Docket No. 27749 (ICC served Nov. 3, 1975), and Chicago and 
North Western Transportation Company--Trackage Rights--Over Soo Line 
Railroad Company Between Wisconsin Rapids and Nekoosa, Wood County, 
WI, Finance Docket No. 28323 (ICC served Feb. 16, 1977).

[[Page 37672]]

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    The trackage rights acquired under these agreements permitted CNW 
to use WCL's lines to access its yards and industries at both Nekoosa 
and Port Edwards, WI, from Wisconsin Rapids, WI.
    Under the proposed relocation: (1) CNW's trackage rights operations 
in the Port Edwards and Nekoosa, WI area will be consolidated on the 
former Milwaukee Road track; (2) the emergency use restriction in the 
original Milwaukee Agreement will be deleted permitting CNW to serve 
Port Edwards and Nekoosa from the former Milwaukee trackage; (3) CNW 
will be granted additional trackage rights over short segments of WCL's 
track to reach its Nekoosa and Port Edwards Yards from the former 
Milwaukee Road track under the amended Milwaukee Agreement; and (4) the 
Soo Agreement will be canceled, and the trackage rights over the former 
Soo trackage rights not covered by the amended Milwaukee Agreement will 
be discontinued. CNW and WCL state that service to shippers will not be 
disrupted.
    The Commission will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993). The Commission has determined that line 
relocation projects may embrace trackage rights transactions such as 
the one involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 
(1981). Under these standards, any incidental abandonment, 
construction, and trackage rights components require no separate 
approval or exemption when the relocation project, as here, will not 
disrupt service to shippers and thus qualifies for the class exemption 
at 49 CFR 1180.2(d)(5).
    As a condition to the use of this exemption, any employees affected 
by the trackage rights agreement will be protected by the conditions 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).
    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: 
Janet H. Gilbert, Wisconsin Central Limited, P.O. Box 5062, Rosemont, 
IL 60017-5062, and Robert T. Opal, Chicago and North Western Railway 
Company, 165 North Canal Street, Chicago, IL 60606.

    Decided: July 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-17990 Filed 7-20-95; 8:45 am]
BILLING CODE 7035-01-P