[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6795-6796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3252]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34309]


The Kansas City Southern Railway Company--Trackage Rights 
Exemption--Illinois Central Railroad Company

    Illinois Central Railroad Company (IC), pursuant to a written 
trackage rights agreement \1\ between the Canadian National Railway 
Company (CN) and The Kansas City Southern Railway Company (KCS), will 
grant overhead trackage rights to KCS between the connection to KCS at 
approximately milepost 160.0 at Jackson, MS, and approximately milepost 
67.5 at Palmer, MS (near Hattiesburg, MS), a distance of approximately 
92.5 miles (the line).\2\
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    \1\ The trackage rights agreement was concurrently filed under 
seal, along with a motion for protective order. A protective order 
was served in this proceeding on February 4, 2003.
    \2\ According to KCS, on May 1, 1998, KCS and CN agreed that, 
contingent upon CN obtaining approval to acquire control of IC, IC 
would grant overhead trackage rights to KCS over the line. CN was 
granted such approval in Canadian National Railway Company, Grand 
Trunk Corporation, and Grand Trunk Western Railroad Incorporated--
Control-Illinois Central Corporation, Illinois Central Railroad 
Company, Chicago, Central and Pacific Railroad Company, and Cedar 
River Railroad Company, STB Finance Docket No. 33556, Decision No. 
37 (STB served May 25, 1999). KCS states that, because it was able 
to operate via haulage rights over the line, it did not exercise its 
right, granted in the May 1, 1998 agreement, to convert the haulage 
rights to trackage rights and, therefore, did not previously seek a 
trackage rights exemption from the Board. Now, due to a change in 
KCS's operations and marketing plans, KCS desires to implement 
trackage rights over the line.

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[[Page 6796]]

    The transaction was scheduled to be consummated on or about 
February 1, 2003.
    The purpose of the trackage rights is to allow KCS to use the line 
to handle traffic currently handled by IC for KCS pursuant to a haulage 
agreement, thereby improving its operating efficiency in the Jackson to 
Gulfport, MS market.
    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 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. 34309, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on William A. Mullins, Troutman 
Sanders LLP, 401 Ninth Street, NW., Suite 1000, Washington, DC 20004-
2134.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 5, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-3252 Filed 2-7-03; 8:45 am]
BILLING CODE 4915-00-P