40268 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices

The transaction is scheduled to be certain underlying and adjacent land connections between major freight yards consummated on July 17, 2013, the and improvements, in Chicago, Ill. (the and main line tracks in the Chicago effective date of the exemption (30 days Line), pursuant to an agreement (the area, reducing congestion and delays after the exemption is filed). Agreement) with BNSF. and adding critical capacity to local rail As a condition to this exemption, any DATES: Written comments must be filed freight infrastructure. NSR states that employees affected by the trackage with the Board by July 10, 2013.1 the Agreement is for an initial five-year rights will be protected by the ADDRESSES: Comments may be term and that it contains no provisions conditions imposed in Norfolk & submitted either via the Board’s e-filing that would limit its ability to Western Railway—Trackage Rights— format or in the traditional paper interchange with third-party rail carriers Burlington Northern, Inc., 354 I.C.C. 605 format. Any person using e-filing should as a result of entering into the proposed (1978), as modified in Mendocino Coast attach a document and otherwise transaction. NSR also asserts that the Railway—Lease & Operate—California comply with the instructions at the E- proposed transaction meets the statutory Western Railroad, 360 I.C.C. 653 (1980). FILING link on the Board’s Web site, at requirements of 10502 and therefore This notice is filed under 49 CFR http://www.stb.dot.gov. Any person warrants an individual exemption. 1180.2(d)(7). If the notice contains false submitting a filing in the traditional By issuance of this notice, the Board or misleading information, the paper format should send an original is instituting an exemption proceeding exemption is void ab initio. Petitions to and 10 copies to: Surface Transportation pursuant to 49 U.S.C. 10502(b). NSR has revoke the exemption under 49 U.S.C. Board, Attn: Docket No. FD 35747, 395 requested that a final decision be issued 10502(d) may be filed at any time. The E Street SW., Washington, DC 20423– and effective by July 15, 2013. The filing of a petition to revoke will not 0001. In addition, send one copy of any Board will attempt to accommodate that automatically stay the effectiveness of comments to: Maquiling B. Parkerson, request, subject to the consideration of the exemption. Stay petitions must be Norfolk Southern Corporation, Three any comments that may be filed. filed by July 10, 2013 (at least 7 days Commercial Place, Norfolk, VA 23510. Decided: June 28, 2013. before the exemption becomes FOR FURTHER INFORMATION CONTACT: By the Board, Rachel D. Campbell, effective). Marc Lerner at 202–245–0390. Director, Office of Proceedings. An original and 10 copies of all Assistance for the hearing impaired is Derrick A. Gardner, pleadings, referring to Docket No. FD available through the Federal Clearance Clerk. 35278 (Sub-No. 1), must be filed with Information Relay Service (FIRS) at 1– [FR Doc. 2013–16023 Filed 7–2–13; 8:45 am] the Surface Transportation Board, 395 E 800–877–8339. BILLING CODE 4915–01–P Street SW., Washington, DC 20423– SUPPLEMENTARY INFORMATION: On June 0001. In addition, a copy of each 26, 2013, NSR filed a petition under 49 pleading must be served on Thomas J. U.S.C. 10502 for exemption from the DEPARTMENT OF TRANSPORTATION Litwiler, 29 North Wacker Drive, Suite provisions of 49 U.S.C. 11323(a)(2) to 920, Chicago, IL 60606. lease the Line from BNSF pursuant to Surface Transportation Board Board decisions and notices are the Agreement. Under the Agreement, available on our Web site at NSR will lease, upgrade, and maintain [Docket No. MCF 21053] www.stb.dot.gov. the Line and its connection to NSR’s No. Conway’s Bus Service, Inc.—Sale Of 3 CJ main line as part of its undertakings Decided: June 28, 2013. Certain Assets—Academy Express, that in turn are part of the Chicago By the Board. L.L.C. Rachel D. Campbell, Region Environmental and Transportation Efficiency (CREATE) Director, Office of Proceedings. AGENCY: Surface Transportation Board, Program.2 NSR will replace the Line’s DOT. [FR Doc. 2013–16167 Filed 7–2–13; 8:45 am] hand-thrown turnouts with power ACTION BILLING CODE 4915–01–P : Notice Tentatively Approving turnouts. The new turnouts will be and Authorizing Finance Transaction. controlled by NSR through a new remote controlled interlocker with DEPARTMENT OF TRANSPORTATION SUMMARY: On June 4, 2013, Conway’s BNSF supervisory control on BNSF- Bus Service, Inc. (CBS), and Academy Surface Transportation Board owned track. The CREATE project, Express, L.L.C. (Academy) (collectively, according to NSR, is intended to result Applicants), motor carriers of [Docket No. FD 35747] in more fluid and efficient train passengers, filed an application under operations over the numerous Norfolk Southern Railway Company— 49 U.S.C. 14303 for approval of the Lease Exemption—BNSF Railway purchase of certain assets of CBS’s 1 NSR has requested expedited handling, Charter Division by Academy.1 The Company asserting that the proposed lease and upgrade of the Line and the other related improvements (see infra Board is tentatively approving and AGENCY: Surface Transportation Board, note 2 and related text) are scheduled to start authorizing the transaction, and, if no DOT. during the Summer and early Fall of 2013. NSR opposing comments are timely filed, states that it must be able to consummate the lease ACTION: Notice of exemption; request for this notice will be the final Board by July 15, 2013, to ensure that it can commence 2 comments. work on the Line timely in connection with the action. Persons wishing to oppose the other related improvements. The Board will attempt SUMMARY: On June 26, 2013, Norfolk to accommodate the request for expedition, and, 1 Although the application was filed by CBS, it is Southern Railway Company (NSR) filed accordingly, is providing an abbreviated comment being accepted as jointly filed because Academy’s period. manager, Francis Tedesco, filed a supporting a petition under 49 U.S.C. 10502 and 49 2 The CREATE program is a public-private verification with the application. Under 49 U.S.C. CFR Part 1121 for exemption from the partnership between the Chicago Department of 14303(a)(2), Board approval is required for provisions of 49 U.S.C. 11323(a)(2) to Transportation, the Illinois Department of transactions that involve ‘‘[a] purchase, lease, or lease from BNSF Railway Company Transportation, and the American Association of contract to operate property of another carrier by Railroads, including Metra and the freight railroads any number of carriers.’’ (BNSF), and upgrade and maintain, operating in Chicago, to increase efficiency of the 2 Applicants simultaneously filed a motion to approximately 797 feet of rail line, region’s rail infrastructure, and to enhance the dismiss the application contending that, because of known as the Lumber Lead, including quality of life for Chicago area residents. its size and nature, the transaction does not fall

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