[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Page 21216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10595]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32685]
Chicago & North Western Railway Co., Soo Line Railroad Co., d/b/a
CP Rail System, Wisconsin & Southern Railroad Company, Wisconsin
Department of Transportation--Joint Relocation Project Exemption--in
Dane County, WI
On March 31, 1995, Chicago and North Western Railway Company (CNW),
Soo Line Railroad Company, d/b/a CP Rail System (Soo), and Wisconsin
and Southern Railroad Company (WSOR), and the Wisconsin Department of
Transportation jointly filed a notice of exemption under 49 CFR
1180.2(d)(5) to relocate a line of railroad in Madison, Dane County,
WI. The proposed transaction was expected to be consummated on or after
April 7, 1995.
The line relocation project is to facilitate construction of the
new Monona Terrace Convention Center in Madison, WI. CNW and WSOR1
currently operate two closely parallel rail lines in a rail corridor
running at the base of a bluff under the planned convention center
site. The convention design will require supporting piers for the
structure to be placed on the site of the current CNW track.
\1\Soo has trackage rights on the WSOR line and Soo formerly
owned the WSOR line. See Wisconsin & Southern Railroad Co.--
Purchase, Lease and Operation Exemption--Canadian Pacific Rail
Services, Finance Docket No. 32546, (ICC served Aug. 16, 1994).
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The joint project involves: (1) The incidental construction of
connecting tracks between existing CNW and WSOR tracks, which would
involve the moving of all rail operations a distance of approximately
2,090 feet to the current WSOR line; (2) the transfer of WSOR's
ownership of track within the relocation limits to CNW, which CNW will
rehabilitate, and CNW will grant trackage rights over the track to WSOR
and Soo; and (3) the removal of CNW's track within the relocation
limits. The notice states that service to shippers will not be
disrupted.
The Commission will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the removal of track affects service
to shippers or the construction of new track involves expansion into
new territory. See City of Detroit v. Canadian National Ry. Co., et al,
9 I.C.C.2d 1208 (1993). The Commission has determined that line
relocation projects may embrace trackage rights transactions such as
the one involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878
(1981). Under these standards, the incidental abandonment,
construction, and trackage rights components require no separate
approval or exemption when the relocation project, as here, will not
disrupt service to shippers and thus qualifies for the class exemption
at 49 CFR 1180.2(d)(5).
As a condition to the use of this exemption, any employees affected
by the trackage rights agreement will be protected by the conditions 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).
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be
filed at any time. The filing of a petition to revoke will not stay the
transaction. Pleadings must be filed with the Commission and served on:
Robert T. Opal, Chicago and North Western Railway Company, 165 North
Canal Street, Chicago, IL 60606; Larry D. Starns, Soo Line Railroad
Company, Suite 1000, Soo Line Building, Box 530, Minneapolis, MN,
55440; John D. Heffner, 1920 N Street, NW, Suite 420, Washington, DC
20036; and James S. Thiel, Wisconsin Department of Transportation, Room
115B, Hill Farms State Transportation Building, P.O. Box 7910, Madison,
WI 53707.
Decided: April 24, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-10595 Filed 4-28-95; 8:45 am]
BILLING CODE 7035-01-P
