[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16913-16914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06313]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35715 (Sub-No. 1)]


Norfolk Southern Railway Company--Temporary Trackage Rights 
Exemption--Grand Trunk Western Railroad Company and Wisconsin Central 
Ltd.

AGENCY: Surface Transportation Board, DOT.

ACTION: Partial revocation of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board revokes the class exemption 
as it pertains to the trackage rights described in Docket No. FD 35715 
\1\ to permit the

[[Page 16914]]

trackage rights to expire 24 months after the commencement date of the 
agreement, or the date that the Gary City Track Connection, which is 
located at or near Gary, Ind., is completed and in use, whichever comes 
first, in accordance with the agreement of the parties, subject to the 
employee protective conditions set forth in Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
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    \1\ In that docket, on January 28, 2013, NSR filed a verified 
notice of exemption under the Board's class exemption procedures at 
49 CFR 1180.2(d)(7). The notice addressed an agreement in which 
Grand Trunk Western Railroad Company and Wisconsin Central Ltd. 
(collectively, CN) granted temporary overhead trackage rights to NSR 
over the CN rail lines located: (1) Between CN's connection with NSR 
at or near milepost 99.5 in South Bend, Ind., and at or near 
milepost 36.1 in Griffith, Ind., on CN's South Bend Subdivision, a 
distance of approximately 63.4 miles; and (2) between milepost 36.1 
in Griffith and CN's Kirk Yard at or near milepost 45.4 in Gary on 
CN's Matteson Subdivision, a distance of approximately 9.3 miles. 
See Norfolk S. Ry.--Temporary Trackage Rights Exemption--Grand Trunk 
W. R.R., FD 35715 (STB served Feb. 13, 2013). NSR states that this 
notice was not filed under the Board's class exemption for temporary 
trackage rights at 49 CFR 1180.2(d)(8) because the agreement 
contemplates that the temporary trackage rights will be in effect 
for more than one year. See 49 CFR 1180.2(d)(8) (``Acquisition of 
temporary trackage rights by a rail carrier over lines owned or 
operated by any other rail carrier or carriers that are * * * 
scheduled to expire on a specific date not to exceed 1 year from the 
effective date of the exemption.'') At that time, NSR also filed for 
the instant partial revocation of the class exemption in this 
proceeding. In the February 13, 2013 notice, the Board stated that 
it would address that request in a subsequent decision, which it is 
doing here.

DATES: This decision is effective on April 18, 2013. Petitions to stay 
must be filed by March 29, 2013. Petitions for reconsideration must be 
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filed by April 8, 2013.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35715 (Sub-No. 1) to: Surface Transportation Board, 
395 E Street SW., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on NSR's representative: Christine I. 
Friedman, Norfolk Southern Railway Company, Three Commercial Place, 
Norfolk, VA 23510.

FOR FURTHER INFORMATION CONTACT: Valerie Quinn (202) 245-0382. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at www.stb.dot.gov.

    Decided: March 13, 2013.
    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-06313 Filed 3-18-13; 8:45 am]
BILLING CODE 4915-01-P