[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Notices]
[Page 82350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33525]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35563]


Chicago, Central & Pacific Railroad Company--Trackage Rights 
Exemption--Cedar River Railroad Company

    Pursuant to a written trackage rights agreement, Cedar River 
Railroad Company (CEDR) has agreed to grant nonexclusive overhead and 
local trackage rights to Chicago, Central & Pacific Railroad Company 
(CCP) \1\ over 3.0 miles of rail line between the connection with CCP 
at milepost 0.0 at Mona Junction and milepost 3.0 at Dunkerton Road, in 
Cedar Falls, Iowa.\2\
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    \1\ CEDR and CCP are indirect subsidiaries of Canadian National 
Railway Company.
    \2\ A redacted, executed trackage rights agreement between CEDR 
and CCP was filed with the notice of exemption. The unredacted 
version was filed under seal along with a motion for protective 
order, which will be addressed in a separate decision.
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    The transaction is scheduled to be consummated on January 13, 2012, 
the effective date of the exemption (30 days after the exemption was 
filed).
    The trackage rights will permit CCP to operate its trains in 
freight service with its own crews, including the right to enter and 
exit the trackage at CEDR's connection to the Cedar Falls Industrial 
Park near milepost 0.8 in Cedar Falls. In addition, the proposed 
trackage rights will allow CCP and CEDR to improve the efficiency of 
their operations in the Cedar Falls area.
    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), and any 
employees affected by the discontinuance of those trackage rights will 
be protected by the conditions set out in Oregon Short Line Railroad--
Abandonment Portion Goshen Branch Between Firth and Ammon, in Bingham 
and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    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 transaction. Petitions for stay must be filed by 
January 6, 2012 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35563, 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 Jeremy M. Berman, 29 N. Wacker Dr., Suite 
920, Chicago, IL 60606.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: December 23, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-33525 Filed 12-29-11; 8:45 am]
BILLING CODE 4915-01-P