Soo Line Railroad Company d/b/a Canadian Pacific Railway-Acquisition and Operation Exemption-BNSF Railway Company, 35706 [2019-15730]

Download as PDF 35706 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices respondents, individual interviews will be conducted. Aleisha Woodward, Deputy Assistant Secretary. [FR Doc. 2019–15664 Filed 7–23–19; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35068] Soo Line Railroad Company d/b/a Canadian Pacific Railway—Acquisition and Operation Exemption—BNSF Railway Company khammond on DSKBBV9HB2PROD with NOTICES On December 21, 2018, New Century Ag (NCA) filed a petition to reopen this proceeding or, in the alternative, to revoke under 49 U.S.C. 10502 the exemption authorizing Soo Line Railroad Company d/b/a Canadian Pacific Railway (CP) to acquire and operate the property interests of BNSF Railway Company (BNSF) in 35.26 miles of rail lines jointly owned by CP and BNSF and a contiguous 9.96-mile rail line solely owned by BNSF. By decision served on March 19, 2019, a proceeding was instituted under 49 U.S.C. 10502(d). By decision served on April 22, 2019, the Board, noting that NCA’s allegations raise concerns that may implicate other statutory provisions, held the proceeding in abeyance to allow NCA to consider all options for relief.1 Following that decision, NCA informed the Board that it does not seek to initiate a new proceeding under other statutory provisions. (NCA Letter 2–3, Apr. 26, 2019.) In light of this submission and the parties’ responses regarding their interest in participating in Boardsponsored mediation, the Board will remove this proceeding from abeyance and schedule an oral argument on August 20, 2019, in Washington, DC. The Board expects NCA, CP, and BNSF to be prepared to discuss their respective arguments and evidence and to respond to questions from the Board. Each party will have 20 minutes of 1 The parties were also asked to inform the Board if they were interested in participating in Boardsponsored mediation. With respect to mediation, NCA and BNSF state that they are agreeable to Board-sponsored mediation. (Id. at 4; BNSF Letter 1, Apr. 26, 2019.) CP states that it is willing to engage with NCA either directly or through the Board’s Rail Customer and Public Assistance program, but that it has no interest in reopening negotiations with BNSF. (CP Letter 3, May 15, 2019.) On June 27, 2019, NCA filed a letter objecting to CP’s proposed exclusion of BNSF from mediation and requesting that the Board either order three-party mediation or issue a decision on the merits. (NCA Letter 2, June 27, 2019.) The Board has not ordered mediation at this time. VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 argument time. NCA, as petitioner, may reserve part of its time for rebuttal if it so chooses. Details and instructions for participation and attendance at the hearing, including the time and specific location, will be issued in a separate decision. It is ordered: 1. This proceeding is removed from abeyance. 2. An oral argument will be held in this proceeding, as discussed above. 3. This decision is effective on its service date. Decided: July 19, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–15730 Filed 7–23–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36299] Soo Line Railroad Company—Petition for Declaratory Order and Preliminary Injunction—Interchange with Canadian National On April 30, 2019, Soo Line Railroad Company d/b/a Canadian Pacific (CP) filed a petition for declaratory order and preliminary injunction arising from the termination of an interchange agreement with Wisconsin Central Ltd. d/b/a Canadian National (CN) in the Chicago Terminal Area. CP states that the agreement provides for interchange of CN and CP rail cars in Chicago, Ill., at Spaulding, where the two railroads physically connect. (CP Pet. 1.) According to CP, on March 11, 2019, CN gave CP notice that it would be terminating the interchange agreement effective May 10, 2019. (Id. at 2.) CP states in its petition that, instead of Spaulding, CN has stated that it will accept rail cars in interchange at CN’s Kirk Yard in Gary, Ind. (Id.) CP requested that the Board issue a declaratory order that CN’s Kirk Yard is an unreasonable interchange location, and that the Board issue a preliminary injunction ordering CN to ‘‘continue to receive CP cars at Spaulding.’’ (Id.) In its reply to the preliminary injunction request, CN stated that CP is ‘‘willing’’ to deliver CN-bound cars to the Belt Railway Company of Chicago’s Clearing Yard, although CP and CN disagree on who should bear the expenses arising from that option. (CN Reply 1–2 (citing CP Pet., Exs. E & G).) By decision served on May 9, 2019, the Board directed CN and CP to participate in Board-sponsored PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 mediation and noted its expectation that CN and CP would continue to interchange rail cars at Spaulding while they mediated the dispute. During the course of the mediation, the Board received several filings from CN and CP,1 in addition to comments from members of the public, including citizens and local government entities, regarding rail traffic near the Spaulding interchange. The Board has been informed that the mediation concluded unsuccessfully. As mediation has concluded and efforts between the parties to resolve the matter have been unsuccessful to date, the Board will hold an oral argument in this case on August 6, 2019, in Washington, DC. The Board directs CN and CP to participate in the oral argument and expects the parties to be prepared to discuss their arguments and evidence and respond to questions from the Board. Notices of intent to participate by other parties of record will be due by July 29, 2019. Further details regarding the oral argument, including the time and specific location, will be issued in a separate decision. It is ordered: 1. All filings by CN and CP to date are accepted into the record. 2. An oral argument will be held in this proceeding, as discussed above. 3. This decision is effective on the date of service. Decided: July 19, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–15729 Filed 7–23–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement for the GA 400 Transit Initiative in Fulton County, Georgia Federal Transit Administration (FTA), DOT. ACTION: Rescind Notice of Intent to prepare an environmental impact statement. AGENCY: The FTA in cooperation with the Metropolitan Atlanta Rapid Transit Authority (MARTA) is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an SUMMARY: 1 To the extent any of the submissions by CN or CP may be considered replies to replies under 49 CFR 1104.13(c), those submissions will be accepted in the interest of a more complete record. E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Page 35706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15730]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35068]


Soo Line Railroad Company d/b/a Canadian Pacific Railway--
Acquisition and Operation Exemption--BNSF Railway Company

    On December 21, 2018, New Century Ag (NCA) filed a petition to 
reopen this proceeding or, in the alternative, to revoke under 49 
U.S.C. 10502 the exemption authorizing Soo Line Railroad Company d/b/a 
Canadian Pacific Railway (CP) to acquire and operate the property 
interests of BNSF Railway Company (BNSF) in 35.26 miles of rail lines 
jointly owned by CP and BNSF and a contiguous 9.96-mile rail line 
solely owned by BNSF. By decision served on March 19, 2019, a 
proceeding was instituted under 49 U.S.C. 10502(d).
    By decision served on April 22, 2019, the Board, noting that NCA's 
allegations raise concerns that may implicate other statutory 
provisions, held the proceeding in abeyance to allow NCA to consider 
all options for relief.\1\ Following that decision, NCA informed the 
Board that it does not seek to initiate a new proceeding under other 
statutory provisions. (NCA Letter 2-3, Apr. 26, 2019.)
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    \1\ The parties were also asked to inform the Board if they were 
interested in participating in Board-sponsored mediation. With 
respect to mediation, NCA and BNSF state that they are agreeable to 
Board-sponsored mediation. (Id. at 4; BNSF Letter 1, Apr. 26, 2019.) 
CP states that it is willing to engage with NCA either directly or 
through the Board's Rail Customer and Public Assistance program, but 
that it has no interest in reopening negotiations with BNSF. (CP 
Letter 3, May 15, 2019.) On June 27, 2019, NCA filed a letter 
objecting to CP's proposed exclusion of BNSF from mediation and 
requesting that the Board either order three-party mediation or 
issue a decision on the merits. (NCA Letter 2, June 27, 2019.) The 
Board has not ordered mediation at this time.
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    In light of this submission and the parties' responses regarding 
their interest in participating in Board-sponsored mediation, the Board 
will remove this proceeding from abeyance and schedule an oral argument 
on August 20, 2019, in Washington, DC. The Board expects NCA, CP, and 
BNSF to be prepared to discuss their respective arguments and evidence 
and to respond to questions from the Board. Each party will have 20 
minutes of argument time. NCA, as petitioner, may reserve part of its 
time for rebuttal if it so chooses. Details and instructions for 
participation and attendance at the hearing, including the time and 
specific location, will be issued in a separate decision.
    It is ordered:
    1. This proceeding is removed from abeyance.
    2. An oral argument will be held in this proceeding, as discussed 
above.
    3. This decision is effective on its service date.

    Decided: July 19, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-15730 Filed 7-23-19; 8:45 am]
BILLING CODE 4915-01-P
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