[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Page 5439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3040]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[Finance Docket No. 32846]


Soo Line Railroad Company--Trackage Rights Exemption--CMC 
Heartland Partners

    CMC Heartland Partners (CMC) has agreed to grant local and overhead 
trackage rights to Soo Line Railroad Company (Soo) over approximately 
2.10 miles of its rail line between milepost 96.76 near Richards Street 
and milepost 97.07 at the Western edge of North Booth Street (near East 
Locust Street), including the trackage known as the Snake Line, in 
Milwaukee County, WI. Under the trackage rights agreement, Soo will 
obtain the right to continue operations over CMC's track in Milwaukee, 
WI. The trackage rights were scheduled to become effective on January 
4, 1996.2

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 11323. Therefore, this notice applies the law in effect prior 
to the Act.
    \2\ The line segment is one of the lines of railroad owned and 
operated by the Chicago, Milwaukee, St. Paul & Pacific Railroad 
Company (Milwaukee Road). CMC subsequently became the corporate 
successor of the reorganized debtor order in The Milwaukee Road, 
Inc. Authorized to Use Tracks And/Or Facilities of Chicago, 
Milwaukee, St. Paul and Pacific Railroad Company, Debtor (Richard B. 
Ogilive, Trustee), Service Order No. 1500 (ICC served Jan. 17, 
1986), although an ongoing dispute existed between CMC and Soo as to 
the amount of compensation owed by Soo for use or possible purchase 
of the line. On July 20, 1995, the United States District Court for 
the Northern District of Illinois, Eastern Division ordered Soo and 
CMC to enter into a contractual relationship to resolve the dispute 
and established the values which are reflected in the trackage 
rights agreement dated November 20, 1995.
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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. 10502(d) 
[formerly 10505(d)] may be filed at any time. The filing of a petition 
to revoke will not automatically stay the transaction. Pleadings must 
be filed with the Surface Transportation Board, 1201 Constitution 
Avenue, N.W., Washington, D.C. 20423 and served on: Larry Starns, 1000 
Soo Line Building, 105 South Fifth Street, P.O. Box 530, Minneapolis, 
MN 55402.
    As a condition to the use of 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).

    Decided: February 6, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-3040 Filed 2-9-96; 8:45 am]
BILLING CODE 4915-00-P