[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82040-82041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33444]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. NOR 42131]


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

    The Surface Transportation Board will hold oral argument on 
Tuesday, January 17, 2012, at 9:30 a.m., in the hearing room at the 
Board's headquarters located at 395 E Street SW., Washington, DC. The 
argument will address Canexus Chemicals Canada L.P. v. BNSF Railway 
Company, Docket No. NOR 42131. The oral argument will be open for 
public observation, but only counsel for the parties will be permitted 
to present argument.
    Canexus Chemicals Canada L.P. (Canexus) has filed a complaint 
asking the Board to issue an order compelling BNSF Railway Company 
(BNSF) to establish common carrier rates and service terms 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. 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.\1\ This dispute arises 
from BNSF's position that, in the future, it will carry the chlorine 
only as far as Spokane, Wash. (for movements originating from 
Marshall), and Portland, Or. (for movements originating from North 
Vancouver), where it will interchange with UP. Canexus and UP object to 
BNSF's proposed interchange points.
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    \1\ On November 3, 2011, in its opening statement, Canexus noted 
that since the filing of its May 25, 2011 complaint, its contract 
with UP has been amended to add 2 additional end users located in 
Louisiana and Missouri.
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    To preserve rail service, as BNSF temporary rates were set to 
expire, the Board issued an emergency service order directing BNSF to 
provide service while the Board adjudicates the merits of this case. 
Canexus Chemicals Canada L.P. v. BNSF Ry., FD 35524 et al. (STB served 
Oct. 14, 2011). In that same decision, the Board issued a procedural 
schedule for opening statements, replies, and rebuttals. Subsequently, 
BNSF offered to provide service voluntarily and the Board found that, 
with such service in place, the emergency service order could be 
terminated.
    On November 3, 2011, UP, Canadian Pacific Railway Company (CP),\2\ 
and Canexus filed opening statements. BNSF filed a reply on November 
23, 2011. Canexus and UP filed rebuttals on December 5, 2011.
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    \2\ CP was identified by BNSF as a possible participant in an 
alternative routing for Canexus' traffic.
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    By January 12, 2012, each party shall submit to the Board the name 
of the counsel who will be presenting argument and the name of the 
party counsel will be representing. CP is invited to participate in the 
argument, but is not required to do so. Canexus and UP shall have 30 
minutes to present their argument and BNSF shall have 30 minutes to 
present its argument. Canexus and UP, in their filings, shall advise 
the Board how they choose to divide their time and shall address the 
requested time reserved for rebuttal, if any.
    Counsel for the parties shall check in with Board staff in the 
hearing room prior to the argument.
    A video broadcast of the oral argument will be available via the 
Board's Web site at http://www.stb.dot.gov, under ``Information 
Center''/``Webcast''/``Live Video'' on the home page.

Instructions for Attendance at Argument

    The STB requests that all persons attending the argument use the 
Patriots Plaza Building's main entrance at 395 E Street SW. (closest to 
the northeast corner of the intersection of 4th and E Streets). There 
will be no reserved seating, except for those scheduled to present oral 
arguments. The building will be open to the public at 7 a.m., and 
participants are encouraged to arrive early. There is no public parking 
in the building.
    Upon arrival, check in at the 1st floor security desk in the main 
lobby. Be prepared to produce valid photographic identification 
(driver's license or local, state, or Federal government 
identification); sign-in at the security desk; receive a hearing room 
pass (to be displayed at all times); submit to an inspection of all 
briefcases, handbags, etc.; then pass through a metal detector. Persons 
choosing to exit the building during the course of the argument must 
surrender their hearing room passes to security personnel and will be 
subject to the above security procedures if they choose to re-enter the 
building. Hearing room passes likewise will be collected from those 
exiting the argument upon its conclusion.
    Laptops and recorders may be used in the hearing room, but no 
provision will be made for connecting personal computers to the 
Internet. Cellular telephone use is not permitted in the hearing room; 
cell phones may be used quietly in the corridor surrounding the hearing 
room or in the building's main lobby.
    The Board's hearing room complies with the Americans with 
Disabilities Act, and persons needing such accommodations should call 
(202) 245-0245 by the close of business on January 16, 2012.
    For further information regarding the oral argument, contact Amy 
Ziehm, (202) 245-0391. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at (800) 877-8339.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Oral argument in this proceeding will be held on January 17, 
2012, at 9:30 a.m. in the Surface Transportation Board Hearing Room, at 
395 E Street SW., Washington, DC, as described above.
    2. By January 12, 2012, the participants shall submit to the Board 
the names of the counsel who will be

[[Page 82041]]

presenting argument and the name of the party counsel will be 
representing. Canexus and UP, in their filings, also shall advise the 
Board how they choose to divide their time and address the requested 
time reserved for rebuttal, if any.
    3. This decision is effective on the date of service.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-33444 Filed 12-28-11; 8:45 am]
BILLING CODE 4915-01-P