Norfolk Southern Railway Company-Trackage Rights Exemption-Michigan Central Railway, LLC, 41387 [E7-14351]

Download as PDF Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–14310 Filed 7–26–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35065] Norfolk Southern Railway Company— Trackage Rights Exemption—Michigan Central Railway, LLC jlentini on PROD1PC65 with NOTICES Pursuant to a written trackage rights agreement, Michigan Central Railway, LLC (Michigan Central), a noncarrier, has agreed to grant limited local trackage rights to Norfolk Southern Railway Company (NSR), over certain lines to be acquired from NSR by Michigan Central extending between (a) Milepost KH 1.4 at Elkhart, IN, and milepost KH 27.4 at Three Rivers, MI; (b) milepost FB 27.3 at Three Rivers, MI, and milepost FB 101.5 at Grand Rapids, MI; (c) milepost KY 0.0 at Gibson, MI, and milepost KY 0.3 at CP BO in Kalamazoo, MI; (d) milepost MH 143.03 at CP BO in Kalamazoo, MI, and milepost MH28 at CP Ypsi; and (e) milepost LZ 0.0 at Jackson, MI, and milepost LZ 35.0 at Holt, MI.1 This transaction is related to a petition for exemption for the acquisition and operation of these and other rail lines concurrently filed in STB Finance Docket No. 35063, Michigan Central Railway, LLC— Acquisition and Operation Exemption— Lines of Norfolk Southern Railway Company. In that proceeding, Michigan Central seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to acquire and operate some 299 miles of rail line owned and operated by NSR, and some 85.5 miles of trackage rights, in Michigan and Indiana.2 This transaction also is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35064, Watco Companies, Inc., and 1 A redacted version of the proposed agreement between NSR and Michigan Central was filed with the notice of exemption. The full version was concurrently filed under seal along with a motion for protective order. As required by 49 CFR 1180.6(a)(7)(ii), the parties must file a copy of the executed agreement within 10 days of the date that the agreement is executed. 2 In STB Finance Docket No. 35063, Michigan Central also has filed a petition to revoke the otherwise applicable class exemption at 49 CFR 1150.31 for the acquisition and operation of rail lines by a noncarrier and a proposed procedural schedule. VerDate Aug<31>2005 16:53 Jul 26, 2007 Jkt 211001 Watco Transportation Services, Inc.— Continuance in Control Exemption— Michigan Central Railway, LLC, wherein Watco Companies, Inc. and its wholly owned subsidiary, Watco Transportation Services, Inc., jointly have filed a verified notice of exemption to continue in control of Michigan Central upon its becoming a rail carrier. The parties intend to consummate the transaction after the Board has issued a final decision granting the petition for exemption in STB Finance Docket No. 35063. Under the trackage rights agreement, NSR will retain the right to serve, under certain specified conditions, the General Motors facilities at Grand Rapids and Lansing, MI, and the RSDC of Michigan LLC automotive steel processing facility at Holt, MI, as well as any subsequent occupant(s) of any of these facilities. The agreement will permit NSR to serve these facilities with its own trains, locomotives, cars and equipment, and with its own crews, only if Michigan Central fails to meet the specified service standards under the conditions and over the timeframes set forth in the agreement. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it 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 no later than August 3, 2007 (at lease 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35065, 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 G. Paul Moates, Sidley Austin LLP, 1501 K Street, NW., Washington, DC 20005. Board decisions and notices are available on our Web site at: http:// www.stb.dot.gov. PO 00000 Decided: July 19, 2007. Frm 00103 Fmt 4703 Sfmt 4703 41387 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–14351 Filed 7–26–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–55 (Sub-No. 681X)] CSX Transportation, Inc.— Abandonment Exemption—in Orange County, FL CSX Transportation, Inc. (CSXT), has filed a notice of exemption 1 under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a 0.69-mile rail line on its Southern Region, Jacksonville Division, Sanford Subdivision, from railroad milepost ST 815.88 to railroad milepost ST 816.57, known as the ‘‘Mills & Nebraska Lead,’’ in Orlando, Orange County, FL. The line traverses United States Postal Service Zip Code 32803. CSXT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on August 28, 2007, unless stayed pending 1 The earliest date the abandonment can be consummated is August 28, 2007 (the effective date of the exemption). CSXT stated the consummation date as August 27, 2007, in the verified notice of exemption. CSXT has been notified concerning this correction of the consummation date. E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 72, Number 144 (Friday, July 27, 2007)]
[Notices]
[Page 41387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14351]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35065]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Michigan Central Railway, LLC

    Pursuant to a written trackage rights agreement, Michigan Central 
Railway, LLC (Michigan Central), a noncarrier, has agreed to grant 
limited local trackage rights to Norfolk Southern Railway Company 
(NSR), over certain lines to be acquired from NSR by Michigan Central 
extending between (a) Milepost KH 1.4 at Elkhart, IN, and milepost KH 
27.4 at Three Rivers, MI; (b) milepost FB 27.3 at Three Rivers, MI, and 
milepost FB 101.5 at Grand Rapids, MI; (c) milepost KY 0.0 at Gibson, 
MI, and milepost KY 0.3 at CP BO in Kalamazoo, MI; (d) milepost MH 
143.03 at CP BO in Kalamazoo, MI, and milepost MH28 at CP Ypsi; and (e) 
milepost LZ 0.0 at Jackson, MI, and milepost LZ 35.0 at Holt, MI.\1\
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    \1\ A redacted version of the proposed agreement between NSR and 
Michigan Central was filed with the notice of exemption. The full 
version was concurrently filed under seal along with a motion for 
protective order. As required by 49 CFR 1180.6(a)(7)(ii), the 
parties must file a copy of the executed agreement within 10 days of 
the date that the agreement is executed.
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    This transaction is related to a petition for exemption for the 
acquisition and operation of these and other rail lines concurrently 
filed in STB Finance Docket No. 35063, Michigan Central Railway, LLC--
Acquisition and Operation Exemption--Lines of Norfolk Southern Railway 
Company. In that proceeding, Michigan Central seeks an exemption under 
49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 
to acquire and operate some 299 miles of rail line owned and operated 
by NSR, and some 85.5 miles of trackage rights, in Michigan and 
Indiana.\2\ This transaction also is related to a concurrently filed 
verified notice of exemption in STB Finance Docket No. 35064, Watco 
Companies, Inc., and Watco Transportation Services, Inc.--Continuance 
in Control Exemption--Michigan Central Railway, LLC, wherein Watco 
Companies, Inc. and its wholly owned subsidiary, Watco Transportation 
Services, Inc., jointly have filed a verified notice of exemption to 
continue in control of Michigan Central upon its becoming a rail 
carrier.
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    \2\ In STB Finance Docket No. 35063, Michigan Central also has 
filed a petition to revoke the otherwise applicable class exemption 
at 49 CFR 1150.31 for the acquisition and operation of rail lines by 
a noncarrier and a proposed procedural schedule.
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    The parties intend to consummate the transaction after the Board 
has issued a final decision granting the petition for exemption in STB 
Finance Docket No. 35063.
    Under the trackage rights agreement, NSR will retain the right to 
serve, under certain specified conditions, the General Motors 
facilities at Grand Rapids and Lansing, MI, and the RSDC of Michigan 
LLC automotive steel processing facility at Holt, MI, as well as any 
subsequent occupant(s) of any of these facilities. The agreement will 
permit NSR to serve these facilities with its own trains, locomotives, 
cars and equipment, and with its own crews, only if Michigan Central 
fails to meet the specified service standards under the conditions and 
over the timeframes set forth in the agreement.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease 
and Operate, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 
no later than August 3, 2007 (at lease 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35065, 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 G. Paul Moates, Sidley Austin 
LLP, 1501 K Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at: 
http://www.stb.dot.gov.

    Decided: July 19, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-14351 Filed 7-26-07; 8:45 am]
BILLING CODE 4915-01-P