[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61835-61836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25109]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35418]


Jackson & Lansing Railroad Company--Trackage Rights Exemption--
Norfolk Southern Railway Company

    Pursuant to a written Assignment of Trackage Rights and Other Joint 
Facility Agreements (Trackage Agreement) dated September 16, 2010, 
Norfolk Southern Railway Company (NSR) has agreed to grant non-
exclusive overhead and local trackage rights to Jackson & Lansing 
Railroad Company (JAIL) over approximately 1.06 miles of NSR's Lansing 
Secondary \1\ between milepost LZ 36.8 in Lansing, Mich., and milepost 
LZ 37.86 in North Lansing, Mich.\2\
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    \1\ By Lease Agreement dated April 21, 1995, Consolidated Rail 
Corporation (Conrail) leased this trackage to CSX Transportation, 
Inc. (CSXT). By Trackage Rights Agreement (TRA) of the same date, 
CSXT granted local and bridge trackage rights back to Conrail. Upon 
acquisition of the Lansing Secondary from Conrail in 1998, NSR 
succeeded to Conrail's rights under both the Lease Agreement and the 
TRA. Now, pursuant to the Trackage Agreement, NSR, with CSXT's 
consent, assigns its rights under the TRA to JAIL.
    \2\ A redacted, executed trackage rights agreement between NSR 
and JAIL and an executed Trackage Agreement, along with CSXT's 
consent of the assignment, were filed with the notice of exemption. 
The unredacted version, as required by 49 C.F.R. Sec.  
1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for protective order. The motion is being addressed in a 
separate decision.
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    This transaction is related to the concurrently filed notice of 
exemption in Docket No. FD 35411, Jackson & Lansing Railroad Company--
Lease and Operation Exemption--Norfolk Southern Railway Company, 
wherein JAIL seeks to lease and operate 44.5 miles of rail property 
owned by NSR, consisting of 36.9 miles of the Lansing Secondary, 5.1 
miles of the Lansing Manufacturers Railroad, 1.8 miles of the Lansing 
Industrial Track, and 0.7 miles of the Lansing Industrial Track. JAIL 
also will acquire 2.96 miles of incidental trackage rights over NSR's 
Michigan Main Line for interchange purposes with NSR at NSR's Jackson 
Yard. This transaction also is related to the concurrently filed notice 
of exemption in Docket No. FD 35410, Adrian & Blissfield Rail Road 
Company--Continuance in Control

[[Page 61836]]

Exemption--Jackson & Lansing Railroad Company, in which Adrian & 
Blissfield Rail Road Company seeks to continue in control of JAIL once 
JAIL becomes a Class III rail carrier.
    The earliest the transaction may be consummated is October 20, 
2010, the effective date of the exemption (30 days after the exemption 
was filed).
    The purpose of the transaction is to improve service by 
establishing a rail link allowing JAIL to interchange traffic 
originating or terminating on NSR's Lansing Secondary line with CSXT at 
North Lansing.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway Co.--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
and Operate--California Western Railroad, 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 effectiveness of the exemption. Stay petitions 
must be filed by October 13, 2010 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35418, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on John D. Heffner, PLLC, and James H. M. 
Savage, Of Counsel, 1750 K Street, NW., Suite 200, Washington, DC 20006 
(for JAIL), and David L. Coleman, General Attorney, Norfolk Southern 
Corporation, Three Commercial Place, Norfolk, VA 23510-9241 (for NSR).
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 1, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-25109 Filed 10-5-10; 8:45 am]
BILLING CODE 4915-01-P