[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Page 22223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10155]



[Docket No. FD 36267]

Grand Trunk Western Railroad Company--Trackage Rights Exemption--
Norfolk Southern Railway Company and Grand Elk Railroad LLC

    Grand Trunk Western Railroad Company (GTW) has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(7) to acquire trackage 
rights on a line of railroad in Kalamazoo, Mich., owned by Norfolk 
Southern Railway Company (NSR), and leased to Grand Elk Railroad LLC 
(GDLK).\1\ GTW states that NSR and GDLK have agreed, pursuant to a 
written amendment to a trackage rights agreement, to grant GTW 
additional overhead trackage rights from milepost 2.17 at Miller Road 
southward to milepost 3.67 at Kilgore Road, a distance of approximately 
1.50 miles.\2\

    \1\ GTW filed a supplement to its notice on May 9, 2019, to 
clarify the mileposts for the trackage rights to be acquired, and to 
submit a revised map.
    \2\ A redacted version of the agreement between GTW and NSR was 
filed with GTW's verified notice of exemption. GTW simultaneously 
filed a motion for a protective order to protect the confidential 
and commercially sensitive information in the unredacted version of 
the agreement, which GTW submitted under seal. That motion will be 
addressed in a separate decision.

    The verified notice states that the proposed transaction will 
afford GTW the ability to use the siding positioned between Miller Road 
and Kilgore Road to run around its railroad equipment to permit greater 
operating efficiency in its provision of common carrier service.
    The transaction may be consummated on or after May 30, 2019, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    If the verified 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. Petitions for stay must be filed by May 23, 2019 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36267, must be filed with 
the Surface Transportation Board, either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on GTW's representative, Bradon J. 
Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606-3208.
    According to GTW, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c), and from historic 
reporting under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: May 13, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-10155 Filed 5-15-19; 8:45 am]