[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Notices]
[Page 29631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13629]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34033]


Canadian Pacific Railway Company--Trackage Rights Exemption--CSX 
Transportation, Inc.

    CSX Transportation, Inc. (CSXT), has agreed to grant to Canadian 
Pacific Railway Company (CPR) limited overhead trackage rights located 
entirely within the City of Detroit, MI. The trackage consists of a new 
connection CSXT is constructing from Consolidated Rail Corporation's 
Michigan Line, at milepost 5.65 +/-, to CSXT's line of railroad known 
as the Detroit Subdivision, milepost CH 7.5 +/-. In addition, CSXT is 
granting trackage rights to CPR over the Detroit Subdivision, from 
milepost CH 7.5 +/- to milepost 13.5 +/-, along with trackage at Oak 
Intermodal Facility necessary to effect the delivery of trains, 
including necessary head and tail room, for a total of approximately 
6.3 +/- miles.\1\
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    \1\ A redacted version of the Trackage Rights Agreement between 
CSXT and CPR (agreement) was filed with the verified notice of 
exemption. An unredacted version of the agreement, as required by 49 
CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for a protective order. That motion has been granted in a 
separate decision and a protective order in this proceeding is being 
served on May 29, 2001.
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    The transaction is scheduled to be consummated on or after May 25, 
2001. The trackage rights will allow for a more efficient routing of 
CPR's trains into the Oak Intermodal Facility.
    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. CPR states that 
it does not anticipate that any CPR employees will be affected by the 
transaction but it recognizes that the protective 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) are applicable to this proceeding.
    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. 34033, 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 Diane P. Gerth, Esq., Leonard, Street and Deinard, 150 
South Fifth Street, Suite 2300, Minneapolis, MN 55402.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: May 24, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-13629 Filed 5-30-01; 8:45 am]
BILLING CODE 4915-00-P