[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Page 28289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11408]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35661]


Grand Trunk Western Railroad Company--Acquisition of Operating 
Easement--CSX Transportation, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: The Board is granting an exemption under 49 U.S.C. 10502 from 
the prior approval requirements at 49 U.S.C. 11323-25 for Grand Trunk 
Western Railroad Company (GTW), an indirect, wholly owned subsidiary of 
Canadian National Railway Company, to acquire from CSX Transportation, 
Inc. (CSXT) an exclusive, perpetual, non-assignable railroad operating 
easement over:
    1. The location of the railroad at-grade crossing, at or near 
Leewood, between CSXT at milepost 00F Z 371.26 and Illinois Central 
Railroad Company (IC) at milepost 387.85, including the underlying 
right-of-way extending 50 feet on either side of the centerline of the 
CSXT tracks to IC's existing right-of-way and 75 feet on either side of 
the centerline of the IC tracks, together with appurtenances (other 
than the CSXT tracks outside the crossing) and related interlocking 
(Leewood Crossing); and
    2. The location of the railroad at-grade crossing, at or near 
Aulon, between CSXT at milepost 0NI 224.05 and IC at milepost 390.0, 
including the underlying right-of-way extending approximately 50 feet 
on either side of the centerline of the CSXT track to IC's existing 
right-of-way and 50 feet on either side of the centerline of the IC 
tracks, together with appurtenances (other than the CSXT tracks outside 
the crossing) and related interlocking (Aulon Crossing).
    This acquisition is related to the Board's February 8, 2013 
decision in this docket granting GTW's petition for exemption under 49 
U.S.C. 10502 from the prior approval requirements at 49 U.S.C. 11323-25 
to acquire from CSXT an operating easement over approximately 2.1 miles 
of CSXT's Memphis Terminal Subdivision between Leewood, Tenn., and 
Aulon, Tenn. After the Board served that decision, CSXT and GTW 
realized that they had unintentionally failed to seek authority 
permitting the operating easement to span the Aulon and Leewood 
Crossings. By a decision served on May 9, 2013, the Board is granting 
GTW's petition for supplemental authority and allowing it to expand its 
operating easement over these crossings.

DATES: This exemption will be effective on June 8, 2013. Petitions to 
stay must be filed by May 20, 2013. Petitions to reopen must be filed 
by May 29, 2013.

ADDRESSES: Send an original and 10 copies of all filings referring to 
Docket No. FD 35661 to: Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001. In addition, send one copy of pleadings to 
David A. Hirsch, Harkins Cunningham LLP, 1700 K Street NW., Suite 400, 
Washington, DC 20006-3804.

FOR FURTHER INFORMATION CONTACT: Scott M. Zimmerman, (202) 245-0386. 
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 served May 9, 2013, which is available on our Web site 
at www.stb.dot.gov.

    Decided: May 7, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-11408 Filed 5-13-13; 8:45 am]
BILLING CODE 4915-01-P