[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Page 35070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14844]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35524]


Canexus Chemicals Canada L.P. v. BNSF Railway Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Oral Argument.

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SUMMARY: In a decision served on June 8, 2011, the Board announced that 
it has tentatively scheduled an oral argument in this complaint 
proceeding.
    Dates/Location: The oral argument is tentatively scheduled to be 
held Thursday, June 23, 2011, at 2 p.m., or at a later time that 
afternoon designated by the Board, in the hearing room at the Board's 
headquarters located at 395 E Street, SW., Washington, DC.

FOR FURTHER INFORMATION, CONTACT: Joseph Dettmar, (202) 245-0395. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: (800) 877-8339.

SUPPLEMENTARY INFORMATION: Canexus Chemicals Canada L.P. (Canexus) has 
filed a complaint with a request for expedited consideration. The 
complaint asks the Board to issue an order compelling BNSF Railway 
Company (BNSF) to establish common carrier rates and service terms 
effective July 1, 2011, between North Vancouver, B.C., and Kansas City, 
Mo., and between Marshall, Wash., and Kansas City, Mo.
    Currently, BNSF is hauling Canexus shipments of chlorine from North 
Vancouver and Marshall to Kansas City in joint line service under 
temporary rates that terminate on June 30, 2011. According to the 
complaint, BNSF interchanges with Union Pacific Railroad Company (UP) 
in Kansas City and the shipments are hauled by UP to their final 
destinations in Illinois, Texas, and Arkansas. Canexus states that BNSF 
will terminate the interline service with UP through Kansas City after 
the temporary rates expire. Instead, BNSF has offered to interchange 
with UP at Spokane, Wash. (for movements originating from Marshall), 
and Portland, Or. (for movements originating from North Vancouver).
    In the June 8, 2011 decision, the Board directed BNSF by June 15, 
2011, to submit its argument as to whether BNSF has a legal obligation 
to provide the specific service to Kansas City that Canexus has 
requested and to establish an appropriate rate. The Board noted that UP 
has an interest in this matter as a carrier involved in these 
movements. Accordingly, the Board also directed UP by June 15, 2011, to 
submit a pleading addressing its legal obligation, if any, to 
interchange with BNSF at Spokane and Portland. Lastly, in the decision, 
the Board advised Canexus, BNSF, and UP that the Board may, following 
the receipt of the pleadings, convene an oral hearing to receive 
testimony from Canexus and the two railroads during the afternoon of 
June 23, 2011, at the Board's headquarters. If the Board determines 
that a hearing is necessary, it will issue a subsequent notice setting 
the time no later than June 16, 2011.
    This action will not significantly affect either the human 
environment or the conservation of energy resources.

    Decided: June 10, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-14844 Filed 6-14-11; 8:45 am]
BILLING CODE 4915-01-P