[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23812]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35549]


Canadian Pacific Railway Company--Trackage Rights Exemption--
Consolidated Rail Corporation

    Pursuant to a written trackage rights agreement,\1\ Consolidated 
Rail Corporation (CRC) will agree to grant overhead trackage rights to 
Canadian Pacific Railway Company (CP) over CRC's Foreman Wye between 
the connection with Norfolk Southern Railway Company's (NS) Detroit 
District Subdivision at or near NS milepost 5.2 and a 
connection with CSX Transportation, Inc.'s (CSXT) Detroit Subdivision 
at or near CSXT milepost CH 5.0 in the vicinity of Fort 
Street, a distance of approximately 1,980 feet, in Wayne County, Mich. 
(the Line).
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    \1\ A redacted version of the draft trackage rights agreement 
between CRC 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.
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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 allow for a 
more efficient routing of CP's trains into CP's intermodal facility at 
Oak Yard in Detroit, Mich. To improve operational efficiency, CP wishes 
to move in its own trains the Port of Vancouver intermodal freight (POV 
freight) currently handled by CSXT under a switching support agreement 
from NS'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, CP asserts that it will need to acquire trackage rights 
over the Line to connect with its trackage rights over CSXT's Detroit 
Subdivision between milepost CH 5.0 and milepost CH 
13.5 at Oak Yard.\2\
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    \2\ In a related concurrent filing in Canadian Pacific Railway--
Trackage Rights Exemption-- CSX Transportation, Inc., FD 35548, CP 
seeks authority to acquire trackage rights over approximately 2.5 
miles of CSXT's Detroit Subdivision between milepost CH 5.0 and milepost CH 7.5. In Canadian Pacific 
Railway--Trackage Rights Exemption--CSX Transportation, Inc., FD 
34033 (STB served May 31, 2001), CP acquired trackage rights over 
CSXT's Detroit Subdivision between milepost CH 7.5 and 
milepost 13.5.
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
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 35549, 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. 2011-23812 Filed 9-15-11; 8:45 am]
BILLING CODE 4915-01-P