[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48728-48729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16794]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35063]


Michigan Central Railway, LLC--Acquisition and Operation 
Exemption--Lines of Norfolk Southern Railway Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of revised procedural schedule.

-----------------------------------------------------------------------

SUMMARY: By this decision and notice, the Board is revising its 
previously established schedule for considering the petition of 
Michigan Central Railway, LLC (MCR) to exempt its acquisition and 
operation of certain railroad lines of the Norfolk Southern Railway 
Company (NSR) in Michigan and Indiana, so as to allow 2 more weeks for 
the submission of comments. The agency is also denying requests to have 
this proceeding considered under the formal application process of 49 
U.S.C. 10901 and 49 CFR Part 1150, rather than under the exemption 
provisions of 49 U.S.C. 10502(b) and 49 CFR 1121.1.

DATES: Comments on MCR's petition for exemption may now be filed by any 
interested person by September 18, 2007. Replies by MCR and NSR are now 
due by October 1, 2007. The Board will issue its final decision by 
October 25, 2007.

ADDRESSES: Any filing submitted in this proceeding must refer to STB 
Finance Docket No. 35063 and may be submitted either via the Board's e-
filing format or in the traditional paper format. Any person using e-
filing must attach a document and otherwise comply with the 
instructions found on the Board's www.stb.dot.gov Web site, at the ``E-
FILING'' link. Any person submitting a filing in the traditional paper 
format must submit an original and 10 paper copies of the filing (and 
also an electronic version) to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
filing in this proceeding must be sent (and may be sent by e-mail only 
if service by e-mail is acceptable to the recipient) to: Karl Morell, 
Of Counsel, Ball Janik, LLP, Suite 225, 1455 F Street, NW., Washington, 
DC 20005; and G. Paul Moates, Sidley & Austin LLP, 1501 K Street, NW., 
Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: By decision and notice served on August 2, 
2007, and published on the same date in the Federal Register at 72 FR 
42465-66, we commenced a proceeding under 49 U.S.C. 10502(b) and 49 CFR 
1121.1 to consider MCR's petition for an exemption to authorize it to 
acquire some 299 miles of rail line from NSR in Michigan and Indiana, 
to acquire through assignment from NSR some 85.5 miles of existing 
trackage rights and lease rights, and to acquire yards and stations 
that are related to this track. In that decision and notice, we also 
adopted a procedural schedule providing that: Comments on MCR's 
petition from interested persons were due by September 4, 2007; replies 
from MCR and NSR were due by September 17, 2002; and a final decision 
would be issued on October 11, 2007.
    Various parties have requested that the schedule be extended to 
allow more time for them to prepare comments. In its petition for 
reconsideration of the procedural schedule filed on August 3, 2007, the 
Brotherhood of Maintenance of Way Employees Division/IBT and 
Brotherhood of Railway Signalmen (BMWE/BRS) jointly request an 
extension to October 2, 2007, for filing initial comments, to October 
22, 2007, for replies and to December 1, 2007, for issuing a 
decision.\1\ In their reply jointly filed on August 7, 2007, the 
Michigan Southern Railroad Company and the Elkhart & Western Railroad 
Company (MSR/EWR) support the extension requested by BMWE/BRS. In a 
pleading filed on August 3, 2007, Michigan State Senator Mark S. 
Schauer requested an extension but did not propose specific dates. The 
longest extension request, seeking a 90-day extension to the comment 
due date, was filed on August 1, 2007, by the Southwest Michigan 
Council of Governments.
---------------------------------------------------------------------------

    \1\ BMWE/BRS essentially made the same request in its response 
filed on August 1, 2007, to MCR's petition.
---------------------------------------------------------------------------

    Replies in opposition to the requests for extension were filed by 
MCR on August 6, 2007, and August 7, 2007, and by NSR on August 8, 
2007.
    We will allow the parties an additional 2 weeks for the submission 
of comments. Due to the scope of the proposed transaction and the fact 
that

[[Page 48729]]

opponents must develop their submissions during the summer when many 
people schedule vacations, an additional 2 weeks for the submission of 
comments is warranted. The additional 2 weeks will provide sufficient 
time for interested persons to prepare their comments, while not 
materially harming the parties to this transaction. We will also extend 
the remaining due dates under the procedural schedule by 2 weeks.
    In a pleading filed on July 31, 2007, the Brotherhood of Locomotive 
Engineers and Trainmen, a Division of the Rail Conference, 
International Brotherhood of Teamsters (BLET), asked the Board to 
require MCR and NSR to use the formal application process under 49 
U.S.C. 10901 and 49 CFR Part 1150 for considering the proposed 
transaction, rather than the exemption process of 49 U.S.C. 10502(b) 
and 49 CFR 1121.1.\2\ BLET argues that the exemption process does not 
give parties ``adequate opportunity to examine the transactions and to 
engage in needed discovery.''
---------------------------------------------------------------------------

    \2\ In a pleading filed on July 20, 2007, MSR/EWR also seem to 
support this request.
---------------------------------------------------------------------------

    We will not require MCR and NSR to proceed by filing a formal 
application at this time. BLET and those in support of its position 
have failed to date to show that the exemption process and the 
procedural schedule we have adopted are inadequate. Contrary to what 
BLET maintains, opponents of the transaction will have ample 
opportunity to develop the record. The parties to this transaction have 
submitted comprehensive information about the transaction, and we are 
allowing additional time for opponents to examine the transaction and 
to file comments. At this time, we conclude that we have established a 
fair and responsive process.
    Board decisions, notices, and filings are available on its Web site 
at http://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The schedule for hearing MCR's petition is extended as provided 
in this decision, and the requests to hear this transaction under the 
application process are denied.
    2. This decision will be published in the Federal Register on 
August 24, 2007.
    3. This decision is effective on August 24, 2007.

    Decided: August 20, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon Williams,
Secretary.
[FR Doc. E7-16794 Filed 8-23-07; 8:45 am]
BILLING CODE 4915-01-P