95-17990. Chicago and North Western Railway Company and Wisconsin Central LimitedJoint Relocation Project Exemptionin Wood County, WI  

  • [Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
    [Notices]
    [Pages 37671-37672]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-17990]
    
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Finance Docket No. 27748 (Sub-No. 1)]
    
    
    Chicago and North Western Railway Company and Wisconsin Central 
    Limited--Joint Relocation Project Exemption--in Wood County, WI
    
        On June 23, 1995, Chicago and North Western Railway Company (CNW) 
    and Wisconsin Central Limited (WCL) jointly filed a notice of exemption 
    under 49 CFR 1180.2(d)(5) to relocate lines of railroad. The proposed 
    transaction was expected to be consummated on or after June 30, 1995.
        The line relocation project will result in the rearrangement, 
    consolidation and rationalization of CNW's trackage rights over WCL's 
    lines between Wisconsin Rapids and Nekoosa, WI. CNW currently operates 
    over two of WCL's tracks under separate trackage rights agreements. 
    Under the first agreement (the Milwaukee Road Agreement), dated 
    September 20, 1973, between CNW and the Chicago, Milwaukee, St. Paul 
    and Pacific Company, CNW was granted overhead trackage rights over a 
    line between Necedah and Wisconsin Rapids, WI, via Nekoosa, WI. CNW was 
    also granted the right to use the line in an emergency to serve Port 
    Edwards and Nekoosa, WI.
        Under the second agreement (the Soo Agreement), dated April 17, 
    1973, between CNW and Soo Line Railroad Company (Soo), CNW was granted 
    overhead trackage rights between Nekoosa and Wisconsin Rapids, WI.\1\
    
        \1\ The Milwaukee Road Agreement was assumed by Soo Line 
    Railroad Company (Soo) in 1985. See Chicago, Milwaukee, St. Paul and 
    Pacific Railroad Company--Reorganization--Acquisition by Grand Trunk 
    Corporation, 2 I.C.C.2d 161 (1984). In 1987, WCL acquired certain 
    assets of Soo, including the line between Necedah and Wisconsin 
    Rapids, WI, and the Soo Agreement in Wisconsin Central Ltd.--
    Exemption Acquisition and Operation --Certain Lines of Soo Line 
    Railroad Company, Finance Docket No. 31102 (ICC served July 28, 
    1988).
        The trackage rights were acquired by CNW pursuant to approval 
    granted in Chicago and North Western Transportation Company--
    Trackage Rights Between Wisconsin Rapids and Necedah in Wood and 
    Juneau Counties, WI, Finance Docket No. 27748 (ICC served Nov. 3, 
    1975), Chicago and North Western Transportation Company--
    Construction of a Line of Railroad at Necedah, Juneau County, WI, 
    Finance Docket No. 27749 (ICC served Nov. 3, 1975), and Chicago and 
    North Western Transportation Company--Trackage Rights--Over Soo Line 
    Railroad Company Between Wisconsin Rapids and Nekoosa, Wood County, 
    WI, Finance Docket No. 28323 (ICC served Feb. 16, 1977).
    
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        The trackage rights acquired under these agreements permitted CNW 
    to use WCL's lines to access its yards and industries at both Nekoosa 
    and Port Edwards, WI, from Wisconsin Rapids, WI.
        Under the proposed relocation: (1) CNW's trackage rights operations 
    in the Port Edwards and Nekoosa, WI area will be consolidated on the 
    former Milwaukee Road track; (2) the emergency use restriction in the 
    original Milwaukee Agreement will be deleted permitting CNW to serve 
    Port Edwards and Nekoosa from the former Milwaukee trackage; (3) CNW 
    will be granted additional trackage rights over short segments of WCL's 
    track to reach its Nekoosa and Port Edwards Yards from the former 
    Milwaukee Road track under the amended Milwaukee Agreement; and (4) the 
    Soo Agreement will be canceled, and the trackage rights over the former 
    Soo trackage rights not covered by the amended Milwaukee Agreement will 
    be discontinued. CNW and WCL state 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, any 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: 
    Janet H. Gilbert, Wisconsin Central Limited, P.O. Box 5062, Rosemont, 
    IL 60017-5062, and Robert T. Opal, Chicago and North Western Railway 
    Company, 165 North Canal Street, Chicago, IL 60606.
    
        Decided: July 17, 1995.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 95-17990 Filed 7-20-95; 8:45 am]
    BILLING CODE 7035-01-P
    
    

Document Information

Published:
07/21/1995
Department:
Interstate Commerce Commission
Entry Type:
Notice
Document Number:
95-17990
Pages:
37671-37672 (2 pages)
Docket Numbers:
Finance Docket No. 27748 (Sub-No. 1)
PDF File:
95-17990.pdf