Canadian Pacific Railway Company-Trackage Rights Exemption-Consolidated Rail Corporation, 57798 [2011-23812]

Download as PDF 57798 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By order of the Maritime Administrator. Dated: August 25, 2011. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2011–22671 Filed 9–15–11; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35549] mstockstill on DSK4VPTVN1PROD with NOTICES Canadian Pacific Railway Company— Trackage Rights Exemption— Consolidated Rail Corporation Pursuant to a written trackage rights agreement,1 Consolidated Rail Corporation (CRC) will agree to grant overhead trackage rights to Canadian Pacific Railway Company (CP) over CRC’s Foreman Wye between the connection with Norfolk Southern Railway Company’s (NS) Detroit District Subdivision at or near NS milepost 5.2± and a connection with CSX Transportation, Inc.’s (CSXT) Detroit Subdivision at or near CSXT milepost CH 5.0± in the vicinity of Fort Street, a distance of approximately 1,980 feet, in Wayne County, Mich. (the Line). The earliest this transaction may be consummated is October 1, 2011, the effective date of the exemption (30 days after the exemption was filed). According to CP, the purpose of the transaction is to allow for a more efficient routing of CP’s trains into CP’s intermodal facility at Oak Yard in Detroit, Mich. To improve operational efficiency, CP wishes to move in its own trains the Port of Vancouver intermodal freight (POV freight) currently handled by CSXT under a switching support agreement from NS’s Oakwood Yard to CP’s intermodal facility. To handle the POV freight from Oakwood Yard to its intermodal facility at Oak Yard in its own trains, CP asserts that it will need to acquire trackage rights over the Line to connect with its trackage rights over CSXT’s Detroit Subdivision between 1 A redacted version of the draft trackage rights agreement between CRC and CP was filed with the notice of exemption. The unredacted version, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The motion is being addressed in a separate decision. VerDate Mar<15>2010 16:26 Sep 15, 2011 Jkt 223001 milepost CH 5.0± and milepost CH 13.5± at Oak Yard.2 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 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. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by September 23, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35549, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on W. Karl Hansen, Leonard, Street and Deinard, Professional Association, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402 (Counsel for CP). Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: September 13, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–23812 Filed 9–15–11; 8:45 am] BILLING CODE 4915–01–P 2 In a related concurrent filing in Canadian Pacific Railway—Trackage Rights Exemption— CSX Transportation, Inc., FD 35548, CP seeks authority to acquire trackage rights over approximately 2.5 miles of CSXT’s Detroit Subdivision between milepost CH 5.0± and milepost CH 7.5±. In Canadian Pacific Railway—Trackage Rights Exemption—CSX Transportation, Inc., FD 34033 (STB served May 31, 2001), CP acquired trackage rights over CSXT’s Detroit Subdivision between milepost CH 7.5± and milepost 13.5±. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35548] Canadian Pacific Railway Company— Trackage Rights Exemption—CSX Transportation, Inc. Pursuant to a written trackage rights agreement,1 CSX Transportation, Inc. (CSXT) has agreed to grant overhead trackage rights to Canadian Pacific Railway Company (CP) between milepost CH 5.0±, in the vicinity of Fort Street at a connection between CSXT and Consolidated Rail Corporation’s (CRC) Foreman Wye, and milepost CH 7.5±, at or near Michigan Avenue on CSXT’s Detroit Subdivision, a distance of approximately 2.5 miles in Wayne County, Mich. (the Line).2 The earliest this transaction may be consummated is October 1, 2011, the effective date of the exemption (30 days after the exemption was filed). According to CP, the purpose of the transaction is to increase the operating efficiency of CP and CSXT in Detroit, Michigan and allow for a more efficient routing of CP’s trains into CP’s intermodal facility at Oak Yard in Detroit. CP and CSXT wish to cancel a switching support agreement under which CSXT handles CP’s Port of Vancouver intermodal freight (POV freight) moving via Norfolk Southern Railway Company’s Oakwood Yard to CP’s intermodal facility. To handle the POV freight from Oakwood Yard to its intermodal facility at Oak Yard in its own trains following termination of the switching support agreement, CP asserts that it will need to acquire trackage rights over the Line to connect with its previously granted trackage rights over CSXT’s Detroit Subdivision between milepost CH 7.5± and milepost CH 13.5± at Oak 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 Co.—Trackage Rights—Burlington Northern, Inc., 354 1 A redacted version of the trackage rights agreement between CSXT and CP was filed with the notice of exemption. The unredacted version, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The motion is being addressed in a separate decision. 2 This transaction is related to a concurrently filed verified notice of exemption in FD 35549, Canadian Pacific Railway Company—Trackage Rights Exemption—Consolidated Rail Corporation, in which CP seeks to obtain overhead trackage rights over CRC’s Foreman Wye, between Norfolk Southern Railway Company milepost 5.2± and CSXT milepost CH 5.0±, a total distance of approximately 1,980 feet, in Wayne County, Mich. E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23812]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35549]


Canadian Pacific Railway Company--Trackage Rights Exemption--
Consolidated Rail Corporation

    Pursuant to a written trackage rights agreement,\1\ Consolidated 
Rail Corporation (CRC) will agree to grant overhead trackage rights to 
Canadian Pacific Railway Company (CP) over CRC's Foreman Wye between 
the connection with Norfolk Southern Railway Company's (NS) Detroit 
District Subdivision at or near NS milepost 5.2 and a 
connection with CSX Transportation, Inc.'s (CSXT) Detroit Subdivision 
at or near CSXT milepost CH 5.0 in the vicinity of Fort 
Street, a distance of approximately 1,980 feet, in Wayne County, Mich. 
(the Line).
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    \1\ A redacted version of the draft trackage rights agreement 
between CRC and CP was filed with the notice of exemption. The 
unredacted version, as required by 49 CFR 1180.6(a)(7)(ii), was 
concurrently filed under seal along with a motion for protective 
order. The motion is being addressed in a separate decision.
---------------------------------------------------------------------------

    The earliest this transaction may be consummated is October 1, 
2011, the effective date of the exemption (30 days after the exemption 
was filed).
    According to CP, the purpose of the transaction is to allow for a 
more efficient routing of CP's trains into CP's intermodal facility at 
Oak Yard in Detroit, Mich. To improve operational efficiency, CP wishes 
to move in its own trains the Port of Vancouver intermodal freight (POV 
freight) currently handled by CSXT under a switching support agreement 
from NS's Oakwood Yard to CP's intermodal facility. To handle the POV 
freight from Oakwood Yard to its intermodal facility at Oak Yard in its 
own trains, CP asserts that it will need to acquire trackage rights 
over the Line to connect with its trackage rights over CSXT's Detroit 
Subdivision between milepost CH 5.0 and milepost CH 
13.5 at Oak Yard.\2\
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    \2\ In a related concurrent filing in Canadian Pacific Railway--
Trackage Rights Exemption-- CSX Transportation, Inc., FD 35548, CP 
seeks authority to acquire trackage rights over approximately 2.5 
miles of CSXT's Detroit Subdivision between milepost CH 5.0 and milepost CH 7.5. In Canadian Pacific 
Railway--Trackage Rights Exemption--CSX Transportation, Inc., FD 
34033 (STB served May 31, 2001), CP acquired trackage rights over 
CSXT's Detroit Subdivision between milepost CH 7.5 and 
milepost 13.5.
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    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 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. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the effectiveness of the exemption. Stay petitions 
must be filed by September 23, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35549, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on W. Karl Hansen, Leonard, Street and Deinard, 
Professional Association, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402 (Counsel for CP).
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: September 13, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-23812 Filed 9-15-11; 8:45 am]
BILLING CODE 4915-01-P
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