[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