SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35753_0

Case Title:  
ILLINOIS CENTRAL RAILROAD COMPANY--TRACKAGE RIGHT EXEMPTION--BNSF RAILWAY COMPANY

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO ILLINOIS CENTRAL RAILROAD COMPANY (IC), INDIRECT SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY, OVER BNSF’S THAYER SOUTH SUBDIVISION, BETWEEN MILEPOST 483.8 AT CN JUNCTION AND MILEPOST 485.8 AT KC JUNCTION IN MEMPHIS, SHELBY COUNTY, TENN., A DISTANCE OF APPROXIMATELY 2.0 MILES.

    Decision Attachments

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    Full Text of Decision

43252                              SERVICE DATE – AUGUST 16, 2013

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35753]

Illinois Central Railroad Company—Trackage Rights Exemption—BNSF Railway Company

BNSF Railway Company (BNSF), pursuant to a written trackage rights agreement dated June 17, 2013, has agreed to grant overhead trackage rights to Illinois Central Railroad Company (IC), a wholly owned, indirect subsidiary of Canadian National Railway Company, over BNSF’s Thayer South Subdivision, between milepost 483.8 at CN Junction and milepost 485.8 at KC Junction in Memphis, Shelby County, Tenn., a distance of approximately 2.0 miles.[1] 

            The transaction is scheduled to be consummated on or after August 30, 2013, the effective date of the exemption (30 days after the exemption was filed).

 The purpose of the transaction is to permit IC to interchange loaded and empty cars with the Norfolk Southern Railroad Company (NS) at NS’s Forrest Yard. 

As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage
Rights—Burlington Northern, Inc.
, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980).        This notice is filed under 49 C.F.R. § 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. § 10502(d) may be filed at any time.  The filing of a petition to revoke will not automatically stay the effectiveness of the exemption.  Petitions for stay must be filed by August 23, 2013 (at least 7 days before the exemption becomes effective).

An original and 10 copies of all pleadings, referring to Docket No. FD 35753, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.  In addition, a copy of each pleading must be served on Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL  60606-2832.

            Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”

            Decided:  August 13, 2013.

            By the Board, Rachel D. Campbell, Director, Office of Proceedings.

           

 



[1]A redacted trackage rights agreement between IC and BNSF was filed with the notice of exemption.  An unredacted version was filed under seal along with a motion for protective order, which will be addressed in a separate decision.