[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Page 40268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16023]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35747]


Norfolk Southern Railway Company--Lease Exemption--BNSF Railway 
Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption; request for comments.

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SUMMARY: On June 26, 2013, Norfolk Southern Railway Company (NSR) filed 
a petition under 49 U.S.C. 10502 and 49 CFR Part 1121 for exemption 
from the provisions of 49 U.S.C. 11323(a)(2) to lease from BNSF Railway 
Company (BNSF), and upgrade and maintain, approximately 797 feet of 
rail line, known as the Lumber Lead, including certain underlying and 
adjacent land and improvements, in Chicago, Ill. (the Line), pursuant 
to an agreement (the Agreement) with BNSF.

DATES: Written comments must be filed with the Board by July 10, 
2013.\1\
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    \1\ NSR has requested expedited handling, asserting that the 
proposed lease and upgrade of the Line and the other related 
improvements (see infra note 2 and related text) are scheduled to 
start during the Summer and early Fall of 2013. NSR states that it 
must be able to consummate the lease by July 15, 2013, to ensure 
that it can commence work on the Line timely in connection with the 
other related improvements. The Board will attempt to accommodate 
the request for expedition, and, accordingly, is providing an 
abbreviated comment period.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. FD 35747, 395 E Street SW., Washington, DC 20423-0001. In 
addition, send one copy of any comments to: Maquiling B. Parkerson, 
Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 
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23510.

FOR FURTHER INFORMATION CONTACT: Marc Lerner at 202-245-0390. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On June 26, 2013, NSR filed a petition under 
49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 
11323(a)(2) to lease the Line from BNSF pursuant to the Agreement. 
Under the Agreement, NSR will lease, upgrade, and maintain the Line and 
its connection to NSR's No. 3 CJ main line as part of its undertakings 
that in turn are part of the Chicago Region Environmental and 
Transportation Efficiency (CREATE) Program.\2\ NSR will replace the 
Line's hand-thrown turnouts with power turnouts. The new turnouts will 
be controlled by NSR through a new remote controlled interlocker with 
BNSF supervisory control on BNSF-owned track. The CREATE project, 
according to NSR, is intended to result in more fluid and efficient 
train operations over the numerous connections between major freight 
yards and main line tracks in the Chicago area, reducing congestion and 
delays and adding critical capacity to local rail freight 
infrastructure. NSR states that the Agreement is for an initial five-
year term and that it contains no provisions that would limit its 
ability to interchange with third-party rail carriers as a result of 
entering into the proposed transaction. NSR also asserts that the 
proposed transaction meets the statutory requirements of 10502 and 
therefore warrants an individual exemption.
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    \2\ The CREATE program is a public-private partnership between 
the Chicago Department of Transportation, the Illinois Department of 
Transportation, and the American Association of Railroads, including 
Metra and the freight railroads operating in Chicago, to increase 
efficiency of the region's rail infrastructure, and to enhance the 
quality of life for Chicago area residents.
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    By issuance of this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). NSR has requested that a 
final decision be issued and effective by July 15, 2013. The Board will 
attempt to accommodate that request, subject to the consideration of 
any comments that may be filed.

    Decided: June 28, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-16023 Filed 7-2-13; 8:45 am]
BILLING CODE 4915-01-P