Chicago, Central & Pacific Railroad Company-Trackage Rights Exemption-Cedar River Railroad Company, 63641 [2023-20025]
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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Notices
amended at 86 FR 61858 (November 8,
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[FR Doc. 2023–20045 Filed 9–14–23; 8:45 am]
BILLING CODE P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36722]
Chicago, Central & Pacific Railroad
Company—Trackage Rights
Exemption—Cedar River Railroad
Company
ddrumheller on DSK120RN23PROD with NOTICES1
Chicago, Central & Pacific Railroad
Company (CCP) has filed a verified
notice of exemption under 49 CFR
1180.2(d)(7) for acquisition of overhead
trackage rights over approximately 41.5
miles of rail line owned by Cedar River
Railroad Company (CEDR) 1 between
milepost 0.0 at Mona Junction in Cedar
Falls, Iowa, and milepost 41.5 in
Charles City, Iowa (the Line).
CCP and CEDR have entered into a
March 23, 2023 written trackage rights
agreement 2 that grants CCP overhead
trackage rights over the Line. According
to the verified notice, the transaction,
together with another transaction that
would grant CCP and CEDR limited
trackage rights over a connecting rail
1 The verified notice states that both CCP and
CEDR are indirect rail carrier subsidiaries of
Canadian National Railway Company (CN), whose
U.S. rail carrier subsidiaries (including CCP and
CEDR) are held directly or indirectly by CN’s
wholly owned subsidiary Grand Trunk Corporation.
See Canadian Nat’l Ry.—Control—Ill. Cent. Corp.,
4 S.T.B. 122 (1999); Ill. Cent. Corp.—Control—CCP
Holdings, Inc., FD 32858 (STB served May 14,
1996).
2 A redacted version of the trackage rights
agreement was filed with the verified notice. An
unredacted version of the agreement was submitted
to the Board under seal concurrently with a motion
for protective order, which was granted in a
decision served on September 7, 2023.
VerDate Sep<11>2014
17:05 Sep 14, 2023
Jkt 259001
line owned by Dakota, Minnesota &
Eastern Railroad Company (DM&E),3
will permit CCP to operate trains with
its own crews between Mona Junction
in Cedar Falls and Valero Marketing &
Supply Company’s ethanol facility in
Floyd County, Iowa.
As a condition to this exemption, any
employees affected by the acquisition of
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 by Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980).
The transaction may be consummated
on or after October 1, 2023, the effective
date of the exemption. If the verified
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 no later than
September 22, 2023 (at least seven days
before the exemption becomes
effective).
All pleadings, referring to Docket No.
FD 36722, must be filed with the
Surface Transportation Board via efiling on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Applicants’ representative,
Thomas J. Litwiler, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606.
According to CCP, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: September 12, 2023.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023–20025 Filed 9–14–23; 8:45 am]
BILLING CODE 4915–01–P
3 In a related proceeding, CCP and CEDR have
filed a verified notice of exemption under 49 CFR
1180.2(d)(7) for the acquisition of limited local
trackage rights over approximately 3.75 miles of rail
line owned by DM&E, between milepost 88.85 in
Charles City and the east mainline switch to the
Valero ethanol facility at approximately milepost
92.6, west of Charles City. See Cedar River R.R.—
Trackage Rts. Exemption—Dakota, Minn. & E. R.R.,
Docket No. FD 36721.
PO 00000
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63641
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36721]
Cedar River Railroad Company and
Chicago, Central & Pacific Railroad
Company—Trackage Rights
Exemption—Dakota, Minnesota &
Eastern Railroad Corporation
Cedar River Railroad Company
(CEDR) and Chicago, Central & Pacific
Railroad Company (CCP) 1 (collectively,
Applicants) have filed a verified notice
of exemption under 49 CFR 1180.2(d)(7)
for acquisition of limited local trackage
rights over approximately 3.75 miles of
rail line owned by Dakota, Minnesota &
Eastern Railroad Company, d/b/a
Canadian Pacific Kansas City (DM&E),2
between approximately milepost 88.85
in Charles City, Iowa, and the east
mainline switch to the Valero ethanol
facility at approximately milepost 92.6,
west of Charles City (the Line).
Applicants and DM&E have entered
into a March 3, 2022 written trackage
rights agreement 3 that grants Applicants
local trackage rights over the Line,
limited to the provision of freight rail
service to the Valero facility and to the
movement of no more than seven loaded
trains per week.4
As a condition to this exemption, any
employees affected by the acquisition of
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 by Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980).
The transaction may be consummated
on or after October 1, 2023, the effective
1 The verified notice states that both CEDR and
CCP are indirect rail carrier subsidiaries of
Canadian National Railway Company (CN), whose
U.S. rail carrier subsidiaries (including CEDR and
CCP) are held directly or indirectly by CN’s wholly
owned subsidiary Grand Trunk Corporation. See
Canadian Nat’l Ry.—Control—Ill. Cent. Corp., 4
S.T.B. 122 (1999); Ill. Cent. Corp.—Control—CCP
Holdings, Inc., FD 32858 (STB served May 14,
1996).
2 The verified notice states that DM&E is part of
the Canadian Pacific Kansas City system. See
Canadian Pac. Ry.—Control—Kan. City S., FD
36500, slip op. at 3 n.3 (STB served Mar. 15, 2023).
3 A redacted version of the trackage rights
agreement was filed with the verified notice. An
unredacted version of the agreement was submitted
to the Board under seal concurrently with a motion
for protective order, which was granted in a
decision served on September 7, 2023.
4 In a related proceeding, CCP has filed a verified
notice of exemption under 49 CFR 1180.2(d)(7) for
the acquisition of overhead trackage rights over
approximately 41.5 miles of rail line owned by
CEDR between Cedar Falls, Iowa, and Charles City.
See Chi., Cent. & Pac. R.R.—Trackage Rts.
Exemption—Cedar River R.R., Docket No. FD
36722. Applicants state that CCP’s service to the
Valero facility will be provided in conjunction with
such overhead trackage rights.
E:\FR\FM\15SEN1.SGM
15SEN1
Agencies
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Page 63641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20025]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36722]
Chicago, Central & Pacific Railroad Company--Trackage Rights
Exemption--Cedar River Railroad Company
Chicago, Central & Pacific Railroad Company (CCP) has filed a
verified notice of exemption under 49 CFR 1180.2(d)(7) for acquisition
of overhead trackage rights over approximately 41.5 miles of rail line
owned by Cedar River Railroad Company (CEDR) \1\ between milepost 0.0
at Mona Junction in Cedar Falls, Iowa, and milepost 41.5 in Charles
City, Iowa (the Line).
---------------------------------------------------------------------------
\1\ The verified notice states that both CCP and CEDR are
indirect rail carrier subsidiaries of Canadian National Railway
Company (CN), whose U.S. rail carrier subsidiaries (including CCP
and CEDR) are held directly or indirectly by CN's wholly owned
subsidiary Grand Trunk Corporation. See Canadian Nat'l Ry.--
Control--Ill. Cent. Corp., 4 S.T.B. 122 (1999); Ill. Cent. Corp.--
Control--CCP Holdings, Inc., FD 32858 (STB served May 14, 1996).
---------------------------------------------------------------------------
CCP and CEDR have entered into a March 23, 2023 written trackage
rights agreement \2\ that grants CCP overhead trackage rights over the
Line. According to the verified notice, the transaction, together with
another transaction that would grant CCP and CEDR limited trackage
rights over a connecting rail line owned by Dakota, Minnesota & Eastern
Railroad Company (DM&E),\3\ will permit CCP to operate trains with its
own crews between Mona Junction in Cedar Falls and Valero Marketing &
Supply Company's ethanol facility in Floyd County, Iowa.
---------------------------------------------------------------------------
\2\ A redacted version of the trackage rights agreement was
filed with the verified notice. An unredacted version of the
agreement was submitted to the Board under seal concurrently with a
motion for protective order, which was granted in a decision served
on September 7, 2023.
\3\ In a related proceeding, CCP and CEDR have filed a verified
notice of exemption under 49 CFR 1180.2(d)(7) for the acquisition of
limited local trackage rights over approximately 3.75 miles of rail
line owned by DM&E, between milepost 88.85 in Charles City and the
east mainline switch to the Valero ethanol facility at approximately
milepost 92.6, west of Charles City. See Cedar River R.R.--Trackage
Rts. Exemption--Dakota, Minn. & E. R.R., Docket No. FD 36721.
---------------------------------------------------------------------------
As a condition to this exemption, any employees affected by the
acquisition of 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 by Mendocino Coast
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653
(1980).
The transaction may be consummated on or after October 1, 2023, the
effective date of the exemption. If the verified 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 no
later than September 22, 2023 (at least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No. FD 36722, must be filed with
the Surface Transportation Board via e-filing on the Board's website or
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In
addition, a copy of each pleading must be served on Applicants'
representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606.
According to CCP, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: September 12, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-20025 Filed 9-14-23; 8:45 am]
BILLING CODE 4915-01-P