[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 WSOR<SUP>1 
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