[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Notices]
[Pages 37194-37195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17182]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33751]
Grand Trunk Western Railroad Incorporated and The Baltimore and
Ohio Chicago Terminal Railroad Company--Joint Relocation Project
Exemption--in Harvey, IL
Grand Trunk Western Railroad Incorporated (GTW), a subsidiary of
Canadian National Railway Company, and The Baltimore and Ohio Chicago
Terminal Railroad Company (B&OCT), a subsidiary of CSX Transportation,
Inc., have jointly filed a notice of exemption under 49 CFR
1180.2(d)(5) to enter into a project to relocate lines of railroad in
Harvey, IL.1 The joint relocation project will facilitate
more efficient operations and allow for the removal of unnecessary and
duplicative trackage. The transaction was expected to be consummated on
or after June 18, 1999, the effective date of the exemption.
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\1\ A redacted version of a Trackage Rights Agreement and a
Supplement to Interlocking Agreement between GTW and B&OCT were
filed with the notice of exemption. The full version of the
agreements was concurrently filed under seal along with a motion for
a protective order. The motion was granted and a protective order
was served in this proceeding on June 21, 1999.
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GTW connects with the Illinois Central Railroad Company's (IC) main
line adjacent to Markham Yard at Harvey. GTW and IC plan to improve
their connection by constructing an additional connection within the
existing right-of-way. B&OCT has a line parallel to GTW's line adjacent
to the yard, crossing it just west of IC's line and running underneath
IC's line. In order to construct the additional connection between GTW
and IC, a segment of B&OCT's line will need to be removed. The carriers
will construct the necessary connections between their lines to permit
B&OCT trains to move from B&OCT's line onto GTW's line.
Under the joint project, GTW and B&OCT agree to the following: (1)
GTW will grant B&OCT the right to operate, in non-exclusive overhead
freight service, its trains and equipment with its own crews over the
segment of GTW's railroad lines from GTW milepost 23.7 to milepost
22.5, South Bend Division; (2) GTW will grant B&OCT the right to use
the new wye connection between GTW and IC for the purpose of B&OCT's
access to IC; (3) B&OCT will abandon its line between mileposts 4.0 and
milepost 2.6, Chicago Heights Subdivision, and grant to GTW a perpetual
easement to the underlying right-of-way between B&OCT mileposts 3.6 and
3.1 for GTW's construction of a new connection to Markham Yard; (4) GTW
will install turnouts and connecting tracks east of the current GTW/
B&OCT rail crossing from GTW's south main line west of Vincennes Road,
near GTW milepost 23.7, South Bend Division, to the GTW/B&OCT property
line, as well as west of the current GTW/B&OCT rail crossing from GTW's
north main line west of 150th Street in Harvey, near GTW milepost 22.5,
South Bend Division, to the GTW/B&OCT property line; (5) B&OCT will
realign its trackage east of the current GTW/B&OCT rail crossing west
of Vincennes Road, at or near B&OCT milepost 4.0, Chicago Heights
Subdivision, to the GTW/B&OCT property line, and west of the current
GTW/B&OCT rail crossing west of 150th Street, at or near B&OCT milepost
2.6, Chicago Heights Subdivision, to the GTW/B&OCT property line.
The Board 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 a
[[Page 37195]]
new territory. See City of Detroit v. Canadian National Ry. Co., et
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). 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, the 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 this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed 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).
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. 33751, 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, 888 16th Street, NW, Washington, DC
20006; and Charles M. Rosenberger, CSX Transportation, Inc., 500 Water
Street, Jacksonville, FL 32202.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Decided: June 30, 1999.
Vernon A. Williams,
Secretary.
[FR Doc. 99-17182 Filed 7-8-99; 8:45 am]
BILLING CODE 4915-00-P