[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Page 13170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5947]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32562 (Sub-No. 1)]


Soo Line Railroad Company d/b/a CP Rail System--Acquisition of 
Trackage Rights Exemption--Wisconsin and Calumet Railroad Company, 
Inc., and Wisconsin & Southern Railroad Company

    Wisconsin<SUP>1 and Calumet Railroad Company, Inc. (WICT) and 
Wisconsin & Southern Railroad Company (WSOR), have agreed to grant non-
exclusive overhead trackage rights to Soo Line Railroad Company d/b/a 
CP Rail System (CPRS), over a line of railroad (primary line), between 
milepost 138.58 +/- in Madison, WI to milepost 141.66 +/- near 
Middleton, WI, and a line segment extending from its junction with the 
primary line at milepost 140.0 +/- to milepost 167.06 +/- in Madison. 
The trackage rights will allow CPRS to continue to handle overhead 
traffic between Middleton and Madison, after the sale of CPRS's line of 
railroad between Middleton and Madison to WSOR.<SUP>2 The trackage 
rights were to become effective on or after August 29, 1994.

    \1\Notices of Exemption were concurrently filed in Soo Line 
Railroad Company d/b/a CP Rail System--Acquisition of Trackage 
Rights Exemption--Wisconsin and Calumet Railroad Company, Inc., 
Wisconsin & Southern Railroad Company and Wisconsin River Transit 
Commission d/b/a Wisconsin River Rail Transit Commission, Finance 
Docket No. 32562, and Soo Line Railroad Company d/b/a CP Rail 
System--Acquisition of Trackage Rights Exemption--Wisconsin and 
Calumet Railroad Company, Inc., Wisconsin & Southern Railroad 
Company and Wisconsin River Transit Commission d/b/a Wisconsin River 
Rail Transit Commission, Finance Docket No. 32562 (Sub-No. 2).
    Under the Commission's rules of practice at 49 CFR 
1180.4(g)(2)(ii), this notice and the notices in Finance Docket No. 
32562 and Finance Docket No. 32562 (Sub-No. 2), should have been 
published in the Federal Register within 20 days of filings. It was 
recently discovered that, through oversight, the notices had not 
been published.
    \2\WSOR filed a petition for exemption to purchase CPRS's line 
of railroad between Middleton and Madison, WI, in Wisconsin & 
Southern Railroad Co.--Purchase, Lease and Operation Exemption--
Canadian Pacific Rail Services, Finance Docket No. 32546 (ICC served 
Aug. 5, 1994).
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    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. 10505(d) may 
be filed at any time.<SUP>3 The filing of a petition to revoke will not 
automatically stay the transaction. Pleadings must be filed with the 
Commission and served on: Wayne C. Serkland, 1000 Soo Line Bldg., 105 
South 5th St., Minneapolis, MN 55402.

    \3\The United Transportation Union filed a petition to revoke on 
September 1, 1994. That petition is currently pending.
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    As a condition to the use of this exemption, any employees 
adversely affected by the trackage rights will be protected under 
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).

    Decided: March 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5947 Filed 3-9-95; 8:45 am]
BILLING CODE 7035-01-P