[Federal Register Volume 66, Number 52 (Friday, March 16, 2001)]
[Notices]
[Page 15323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6461]



[[Page 15323]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34001]


Canadian National Railway Company--Trackage Rights Exemption--
Detroit River Tunnel Company

    Detroit River Tunnel Company (DRTC), through its lessee Detroit 
River Tunnel Partnership (DRT Partnership), has agreed to grant to 
Canadian National Railway Company (CN) trackage rights to and through 
the Detroit River Tunnel (Tunnel), approximately between CN's access to 
the Tunnel at Detroit, MI (at about milepost 228.08) and the U.S.-
Canada boundary within the Tunnel (at about milepost 226.29), a total 
distance of approximately 1.79 miles.\1\ The trackage rights will 
permit CN to continue to operate over the trackage following the 
dissolution of CNCP Niagara-Detroit Partnership, the current lessee of 
the trackage, and DRT Partnership becoming the lessee of the 
trackage.\2\
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    \1\ This transaction is related to the following verified 
notices of exemption all filed at the Board on February 27, 2001: 
STB Finance Docket No. 33984, Borealis Infrastructure Trust 
Management, Inc., Sole Trustee of the Borealis Transportation 
Infrastructure Trust--Acquisition Exemption--Detroit River Tunnel 
Company; STB Finance Docket No. 34007, Canadian National Railway 
Company--Corporate Family Transaction Exemption--Interest in Detroit 
River Tunnel and Niagara River Bridge; STB Finance Docket No. 34005, 
Canadian Pacific Railway Company--Corporate Family Transaction 
Exemption--Interests in Detroit River Tunnel and Niagara River 
Bridge; and STB Finance Docket No. 34006, Canadian Pacific Railway 
Company--Trackage Rights Exemption--Detroit River Tunnel Company.
    \2\ An unredacted draft version of the CN Tunnel User Agreement, 
as required by 49 CFR 1180.6(a)(7)(ii), was filed under seal. A 
motion for a protective order, filed on February 27, 2001, is being 
addressed in a separate decision.
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    The transaction was scheduled to be consummated on or soon after 
the March 6, 2001 effective date of the exemption (7 days after the 
exemption was filed).
    CN states that it does not anticipate any changes in operations 
over the trackage rights line as a result of this transaction, and does 
not believe that any CN employees in the United States will be affected 
by the transaction. CN further states that DRTC has no employees. Under 
49 U.S.C. 10502(g), the Board may not use its exemption authority to 
relieve a rail carrier of its statutory obligation to protect the 
interests of its United States employees. Therefore, CN states that any 
United States employee affected by this transaction will be protected 
by the conditions imposed in Norfolk and Western Ry. Co.--Trackage 
Rights--BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., 
Inc.--Lease and Operate, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34001, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Paul A. Cunningham, Esq., HARKINS CUNNINGHAM, 801 
Pennsylvania Avenue, NW., Suite 600, Washington, DC 20004-2664.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: March 9, 2001.
Vernon A. Williams,
Secretary.
[FR Doc. 01-6461 Filed 3-15-01; 8:45 am]
BILLING CODE 4915-00-P