[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Page 35706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15729]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36299]


Soo Line Railroad Company--Petition for Declaratory Order and 
Preliminary Injunction--Interchange with Canadian National

    On April 30, 2019, Soo Line Railroad Company d/b/a Canadian Pacific 
(CP) filed a petition for declaratory order and preliminary injunction 
arising from the termination of an interchange agreement with Wisconsin 
Central Ltd. d/b/a Canadian National (CN) in the Chicago Terminal Area. 
CP states that the agreement provides for interchange of CN and CP rail 
cars in Chicago, Ill., at Spaulding, where the two railroads physically 
connect. (CP Pet. 1.) According to CP, on March 11, 2019, CN gave CP 
notice that it would be terminating the interchange agreement effective 
May 10, 2019. (Id. at 2.) CP states in its petition that, instead of 
Spaulding, CN has stated that it will accept rail cars in interchange 
at CN's Kirk Yard in Gary, Ind. (Id.)
    CP requested that the Board issue a declaratory order that CN's 
Kirk Yard is an unreasonable interchange location, and that the Board 
issue a preliminary injunction ordering CN to ``continue to receive CP 
cars at Spaulding.'' (Id.) In its reply to the preliminary injunction 
request, CN stated that CP is ``willing'' to deliver CN-bound cars to 
the Belt Railway Company of Chicago's Clearing Yard, although CP and CN 
disagree on who should bear the expenses arising from that option. (CN 
Reply 1-2 (citing CP Pet., Exs. E & G).)
    By decision served on May 9, 2019, the Board directed CN and CP to 
participate in Board-sponsored mediation and noted its expectation that 
CN and CP would continue to interchange rail cars at Spaulding while 
they mediated the dispute. During the course of the mediation, the 
Board received several filings from CN and CP,\1\ in addition to 
comments from members of the public, including citizens and local 
government entities, regarding rail traffic near the Spaulding 
interchange.
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    \1\ To the extent any of the submissions by CN or CP may be 
considered replies to replies under 49 CFR 1104.13(c), those 
submissions will be accepted in the interest of a more complete 
record.
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    The Board has been informed that the mediation concluded 
unsuccessfully. As mediation has concluded and efforts between the 
parties to resolve the matter have been unsuccessful to date, the Board 
will hold an oral argument in this case on August 6, 2019, in 
Washington, DC. The Board directs CN and CP to participate in the oral 
argument and expects the parties to be prepared to discuss their 
arguments and evidence and respond to questions from the Board. Notices 
of intent to participate by other parties of record will be due by July 
29, 2019. Further details regarding the oral argument, including the 
time and specific location, will be issued in a separate decision.
    It is ordered:
    1. All filings by CN and CP to date are accepted into the record.
    2. An oral argument will be held in this proceeding, as discussed 
above.
    3. This decision is effective on the date of service.

    Decided: July 19, 2019.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-15729 Filed 7-23-19; 8:45 am]
BILLING CODE 4915-01-P