[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Pages 3912-3913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1252]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34981]


Delaware and Hudson Railroad Company, Inc. d/b/a Canadian Pacific 
Railway--Trackage Rights Exemption--CSX Transportation, Inc.

    Pursuant to a draft trackage rights agreement, CSX Transportation, 
Inc. (CSXT) has agreed to grant overhead trackage rights \1\ to 
Delaware and Hudson Railroad Company, Inc. d/b/a Canadian Pacific 
Railway (D&H), over CSXT's line of railroad between the connection with 
D&H at D&H's Kenwood Yard at CSXT milepost 7.14 in Albany, 
NY, and the connection with CSXT's Castleton Secondary at CSXT's 
milepost 0.10; and CSXT's Castleton Secondary at CP-SK and 
CSXT's Selkirk Yard, in Selkirk, NY, a distance of approximately 
7.2 miles.\2\
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    \1\ D&H's overhead service on the line is limited to trains 
operated pursuant to a haulage agreement between D&H and CSXT.
    \2\ A redacted version of a draft trackage rights agreement 
between D&H and CSXT was filed with the notice of exemption. Public 
and confidential copies of the executed trackage rights agreement 
(as required by 49 CFR 1180.6(a)(7)(ii)) will be filed within 10 
days of the date of its execution. The request for a protective 
order is being addressed in a separate decision.
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    The transaction is scheduled to be consummated on or after February 
16, 2006.

[[Page 3913]]

    The purpose of this transaction is to allow D&H to handle CSXT's 
trains between Rouses Point, NY, and CSXT's Selkirk Yard pursuant to 
the aforementioned haulage agreement between the parties.
    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 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 effectiveness of the exemption. Stay petitions must be filed 
by February 2, 2007 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34981, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Leigh K. Currie, Leonard, 
Street and Deinard, 150 South Fifth Street, Suite 2300, Minneapolis, MI 
55402.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 22, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-1252 Filed 1-25-07; 8:45 am]
BILLING CODE 4915-01-P