[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Notices]
[Pages 37580-37581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17635]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33773]


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

    Grand Trunk Western Railroad Incorporated (GTW), a subsidiary of 
Canadian National Railway Company (CN), has agreed to grant limited, 
non-exclusive overhead trackage rights to Consolidated Rail Corporation 
(Conrail) 1 over a 4.4-mile segment of GTW's Shoreline 
Subdivision between the proposed CN/Conrail connection at Milwaukee 
Junction, near milepost 54.6 and the existing connection with

[[Page 37581]]

Norfolk Southern Railway Company (NSR) at West Detroit, MI, near 
milepost 50.2, on CN's Shoreline Subdivision. 2
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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 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). Conrail continues to operate rail properties 
in Michigan, New Jersey, and Pennsylvania.
    \2\  A redacted version of the Trackage Rights Agreement between 
GTW and Conrail was filed with the notice of exemption. The full 
version of the agreement was concurrently filed under seal along 
with a motion for a protective order. The motion will be addressed 
in a separate decision.
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    The transaction was expected to be consummated on or after July 1, 
1999, the effective date of the exemption (7 days after the exemption 
was filed).
    The purpose of the trackage rights is to allow Conrail to improve 
service to customers by reducing congestion and delay in the West 
Detroit, Delray and Ecorse Junction, MI areas.
    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).
    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) 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. 33773, 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 John J. Paylor, 2001 Market Street, 16A, Philadelphia, PA 
19101-1416.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 2, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-17635 Filed 7-9-99; 8:45 am]
BILLING CODE 4915-00-P