[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Notices]
[Pages 39180-39181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18913]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32995]


Wisconsin Central Ltd. and Soo Line Railroad Company--Joint 
Relocation Project Exemption--Schiller Park, IL

    Wisconsin Central Ltd. (WCL), a Class II railroad, and Soo Line 
Railroad Company, d/b/a CP Rail System, (Soo), a Class I railroad, have 
jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to enter 
into a project to exchange rail lines through a rail yard in Schiller 
Park, IL (Schiller Park Yard).2
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 11323.
    \2\ In Wisconsin Central Ltd.--Exemption Acquisition and 
Operation--Certain Lines of Soo Line Railroad Company, Finance 
Docket No. 31102 (ICC served Sept. 11, 1987, Oct. 8, 1987 and July 
28, 1988), WCL acquired Soo's line extending south from the 
Wisconsin border to Forest Park, in the Chicago area. Soo, however, 
retained ownership of the Schiller Park Yard, for use as an 
intermodal facility. WCL's main line bisects the yard on a 66-foot 
right of way. Because of potential difficulties with this 
arrangement, WCL and Soo agreed to exchange operational control of 
routes through Schiller Park Yard. Under that arrangement, until 
such time as Soo relocated its intermodal facility from Schiller 
Park Yard, WCL would temporarily operate Soo's Gauntlet Track around 
the Schiller Park Yard, and Soo would temporarily assume control of 
WCL's Track 6 and 7. That arrangement has continued since 1987.
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    To unify the underlying ownership interest in the affected lines 
with existing operational patterns, to facilitate efficient train 
operations, and to accommodate an on-going commuter rail project on 
WCL's line being undertaken by Metra, the commuter rail authority for 
the metropolitan Chicago area, WCL and Soo have determined that a 
permanent restructuring of property rights at Schiller Park Yard is 
warranted. WCL will acquire Soo's Gauntlet Track extending from the 
current Soo property line at milepost

[[Page 39181]]

16.28 to milepost 18.60, a distance of 
approximately 2.3 miles. Soo will acquire WCL's main line through 
Schiller Park Yard (Tracks 6 and 7) extending from milepost 
16.78 to milepost 18.60, a distance of 
approximately 1.8 miles. WCL will temporarily retain the right to 
operate on a portion of Track 7 as part of a bypass route while the 
Gauntlet Track is upgraded.
    The notice states that, because WCL already controls, maintains, 
and operates over the Gauntlet Track, and Soo already controls, 
maintains, and operates over Tracks 6 and 7, this property exchange 
will not change existing rail operations or service, or expand 
operations of WCL or Soo into new territory. Under these circumstances, 
the transaction qualifies for the class exemption at 49 CFR 
1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
transaction will be protected under New York Dock Ry.--Control--
Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
    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) 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. 32995, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, NW., Washington, DC 20423. In addition, a copy must be served 
on: Janet H. Gilbert, Assistant General Counsel, Wisconsin Central 
Ltd., P.O. Box 5062, Rosemont, IL 60018; and Larry D. Starns, General 
Attorney, Soo Line Railroad Company, 1000 Soo Line Building, 105 South 
5th Street, Minneapolis, MN 55402.

    Decided: July 18, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-18913 Filed 7-25-96; 8:45 am]
BILLING CODE 4915-00-P