[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: 01-6462]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34006]


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

    Detroit River Tunnel Company, through its lessee Detroit River 
Tunnel Partnership (DRT Partnership), has agreed to grant to Canadian 
Pacific Railway Company (CPR) trackage rights to and through the 
Detroit River Tunnel (Tunnel) between Detroit, MI (milepost 228.1) and 
Windsor, ON (milepost 225.0).\1\ The trackage rights will permit CPR to 
continue to operate over the trackage following the dissolution of CNCP 
Niagara-Detroit Partnership, the current lessee of the trackage, and 
DRT Partnership's becoming the lessee of the trackage.\2\
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    \1\ According to CPR, the portion of the trackage rights within 
the United States, which is subject to the Board's jurisdiction, 
lies between milepost 228.1 and milepost 226.3, a distance of 
approximately 1.8 miles.
    \2\ This transaction is related to the following verified 
notices of exemption all filed at the Board on February 27, 2001: 
STB Finance Docket No. 34005, Canadian Pacific Railway Company--
Corporate Family Transaction Exemption--Interests in Detroit River 
Tunnel and Niagara River Bridge; 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; and STB Finance Docket No. 34001, Canadian National 
Railway Company--Trackage Rights Exemption--Detroit River Tunnel 
Company.
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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).\3\
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    \3\ An unredacted draft version of the CPR 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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    CPR states that the trackage rights to and through the Tunnel 
simply replace existing trackage rights and will affect no CPR 
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. As 
a condition to this exemption, any United States employee affected by 
the trackage rights 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. 34006, 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 George W. Mayo, Jr., Esq., Hogan & Hartson L.L.P., 555 
Thirteenth Street, NW., Washington, DC 20004-1109.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 9, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-6462 Filed 3-15-01; 8:45 am]
BILLING CODE 4915-00-P