[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Notices]
[Pages 36967-36968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17388]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33768]


Grand Trunk Western Railroad Incorporated--Trackage Rights 
Exemption--Consolidated Rail Corporation 1

    Consolidated Rail Corporation (Conrail) has agreed to grant 
limited, non-exclusive overhead trackage rights to Grand Trunk Western 
Railroad Incorporated (GTW), over segments of Conrail's lines as 
follows: (1) On Conrail's North Yard Branch between MP 6.7 (at Canadian 
National Railway Company's (CN) Milwaukee Junction, the proposed 
connection point between CN and Conrail) and MP 2.9 (the connection 
point between Conrail's North Yard Branch and Conrail's Detroit Line); 
and (2) on Conrail's Detroit Line between MP 2.9 and MP 18.9 (the 
proposed CN/Conrail connection near Gibraltar which is CN's Denby 
Station), for a total distance of approximately 20 miles.2 
The purpose of the trackage rights is to enable GTW to improve its 
service and expedite its trains through the congested Detroit, MI 
terminal area. The transaction was scheduled to be consummated on or 
after June 25, 1999, the effective date of the exemption (7 days after 
the exemption was filed).
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    \1\ By decision served July 23, 1998, the Board approved, 
subject to certain conditions, the acquisition of control of 
Conrail, and the division of the assets thereof, by CSX Corporation 
and CSX Transportation, Inc. (referred to collectively as CSX) and 
Norfolk Southern Corporation and Norfolk Southern Railway Company 
(referred to collectively as NS). See CSX Corporation and CSX 
Transportation, Inc., Norfolk Southern Corporation and Norfolk 
Southern Railway Company--Control and Operating Leases/Agreements--
Conrail Inc. and Consolidated Rail Corporation, STB Finance Docket 
No. 33388, Decision No. 89 (STB served July 23, 1998). Acquisition 
of control of Conrail was effected by CSX and NS on August 22, 1998. 
The division of the assets of Conrail was effected by CSX and NS on 
June 1, 1999. See CSX Corporation and CSX Transportation, Inc., 
Norfolk Southern Corporation and Norfolk Southern Railway Company--
Control and Operating Leases/Agreements--Conrail Inc. and 
Consolidated Rail Corporation, STB Finance Docket No. 33388, 
Decision No. 127 (STB served May 20, 1999).
    \2\ A redacted version of the draft trackage rights agreement 
between Conrail and GTW was filed with the notice of exemption. The 
full version of the agreement, as required by 49 CFR 
1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for a protective order, which will be addressed in a separate 
decision.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease & Operate, 360 I.C.C. 653 
(1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33768, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Robert P. vom Eigen or Jamie P. Rennert, HOPKINS & SUTTER, 
888 16th Street, NW, Washington, DC 20006.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''


[[Page 36968]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: July 1, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-17388 Filed 7-7-99; 8:45 am]
BILLING CODE 4915-00-P