[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Page 37878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15817]



Surface Transportation Board

[Docket No. AB 57 (Sub-No. 59X)]

Soo Line Railroad Company--Discontinuance of Trackage Rights 
Exemption--in Wayne, Washtenaw, Oakland, Livingston, Ingham, Clinton, 
Eaton, Barry, Ionia, Kent, Ottawa, Allegan, Van Buren, and Berrien 
Counties, MI, LaPorte, Porter, and Lake Counties, IN, and Cook County, 

    Soo Line Railroad Company (Soo Line) \1\ has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue its overhead 
trackage rights over approximately 298 miles of rail line owned and/or 
operated by CSX Transportation, Inc. (CSXT) extending between Chicago, 
Ill., and Rougemere Yard in Dearborn Mich.\2\ The Line traverses the 
following United States Postal Service Zip Codes: In Michigan 48120, 
48126, 48228, 48239, 48150, 48170, 48168, 48167, 48178, 48116, 48843, 
48855, 48836, 48892, 48895, 48864, 48823, 48912, 48906, 48837, 48861, 
48890, 48849, 48815, 49302, 49301, 49512, 49508, 49507, 49503, 49509, 
49519, 49518, 49428, 49426, 49464, 49424, 49423, 49419, 49408, 49450, 
49056, 49027, 49013, 49057, 49098, 49038, 49022, 49085, 49127, 49106, 
49125, 49128, 49116, 49129, and 49117; in Indiana 46360, 46304, 46368, 
46403, 46402, 46406, 46312, and 46394; and in Illinois 60131, 60171, 
60707, 60639, 60651, 60644, 60624, 60623, 60632, 60629, 60652, 60636, 
60621, 60620, 60619, and 60617.

    \1\ Soo Line is a wholly owned indirect subsidiary of Canadian 
Pacific Railway Company.
    \2\ Soo Line acquired those overhead trackage from CSXT's 
predecessor, the Chesapeake and Ohio Railway Company, pursuant to an 
agreement dated July 16, 1985. See Soo Line R.R..--Joint Use of 
Lines--Chesapeake and Ohio Ry., Docket No. FD 30703 (ICC served 
Sept. 10, 1986). On June 15, 2010, CSXT submitted a letter stating 
that it supports the discontinuance of service over the 298 miles of 
line by Soo Line and that CSXT and Soo Line have agreed to terminate 
that agreement. CSXT states that it has provided local and overhead 
service during the term of the agreement and will continue to do so 
after Soo Line discontinues its overhead service on the line.

    Soo has certified that: (1) No local traffic has moved over the 
line via Soo Line's overhead trackage rights for at least 2 years; (2) 
any Soo Line overhead traffic can be rerouted over other lines; (3) no 
formal complaint filed by a user of Soo Line's overhead trackage rights 
service on the line (or by a state or local government entity acting on 
behalf of such user) regarding cessation of service over the line 
either is pending with the Board or with any U.S. District Court or has 
been decided in favor of complainant within the 2-year period; and (4) 
the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line Railroad-Abandonment Portion Goshen Branch Between Firth & Ammon, 
in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To 
address whether this condition adequately protects affected employees, 
a petition for partial revocation under 49 U.S.C. 10502(d) must be 
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on July 30, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \3\ must be filed by July 12, 2010.\4\ Petitions 
to reopen must be filed by July 20, 2010, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.

    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 

    A copy of any petition filed with the Board should be sent to Soo 
Line's representative: Terence M. Hynes, Sidley Austin LLP, 1501 K 
Street, NW., Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 24, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-15817 Filed 6-29-10; 8:45 am]