[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Pages 57798-57799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23811]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35548]


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

    Pursuant to a written trackage rights agreement,\1\ CSX 
Transportation, Inc. (CSXT) has agreed to grant overhead trackage 
rights to Canadian Pacific Railway Company (CP) between milepost CH 
5.0, in the vicinity of Fort Street at a connection between 
CSXT and Consolidated Rail Corporation's (CRC) Foreman Wye, and 
milepost CH 7.5, at or near Michigan Avenue on CSXT's 
Detroit Subdivision, a distance of approximately 2.5 miles in Wayne 
County, Mich. (the Line).\2\
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    \1\ A redacted version of the trackage rights agreement between 
CSXT and CP was filed with the notice of exemption. The unredacted 
version, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently 
filed under seal along with a motion for protective order. The 
motion is being addressed in a separate decision.
    \2\ This transaction is related to a concurrently filed verified 
notice of exemption in FD 35549, Canadian Pacific Railway Company--
Trackage Rights Exemption--Consolidated Rail Corporation, in which 
CP seeks to obtain overhead trackage rights over CRC's Foreman Wye, 
between Norfolk Southern Railway Company milepost 5.2 
and CSXT milepost CH 5.0, a total distance of 
approximately 1,980 feet, in Wayne County, Mich.
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    The earliest this transaction may be consummated is October 1, 
2011, the effective date of the exemption (30 days after the exemption 
was filed).
    According to CP, the purpose of the transaction is to increase the 
operating efficiency of CP and CSXT in Detroit, Michigan and allow for 
a more efficient routing of CP's trains into CP's intermodal facility 
at Oak Yard in Detroit. CP and CSXT wish to cancel a switching support 
agreement under which CSXT handles CP's Port of Vancouver intermodal 
freight (POV freight) moving via Norfolk Southern Railway Company's 
Oakwood Yard to CP's intermodal facility. To handle the POV freight 
from Oakwood Yard to its intermodal facility at Oak Yard in its own 
trains following termination of the switching support agreement, CP 
asserts that it will need to acquire trackage rights over the Line to 
connect with its previously granted trackage rights over CSXT's Detroit 
Subdivision between milepost CH 7.5 and milepost CH 
13.5 at Oak Yard.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway Co.--Trackage Rights--Burlington Northern, Inc., 354

[[Page 57799]]

I.C.C. 605 (1978), as modified in Mendocino Coast Railway, Inc.--Lease 
and Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
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 September 23, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35548, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on W. Karl Hansen, Leonard, Street and Deinard, 
Professional Association, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402 (Counsel for CP).
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 13, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-23811 Filed 9-15-11; 8:45 am]
BILLING CODE 4915-01-P