[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: 2019-15730]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35068]


Soo Line Railroad Company d/b/a Canadian Pacific Railway--
Acquisition and Operation Exemption--BNSF Railway Company

    On December 21, 2018, New Century Ag (NCA) filed a petition to 
reopen this proceeding or, in the alternative, to revoke under 49 
U.S.C. 10502 the exemption authorizing Soo Line Railroad Company d/b/a 
Canadian Pacific Railway (CP) to acquire and operate the property 
interests of BNSF Railway Company (BNSF) in 35.26 miles of rail lines 
jointly owned by CP and BNSF and a contiguous 9.96-mile rail line 
solely owned by BNSF. By decision served on March 19, 2019, a 
proceeding was instituted under 49 U.S.C. 10502(d).
    By decision served on April 22, 2019, the Board, noting that NCA's 
allegations raise concerns that may implicate other statutory 
provisions, held the proceeding in abeyance to allow NCA to consider 
all options for relief.\1\ Following that decision, NCA informed the 
Board that it does not seek to initiate a new proceeding under other 
statutory provisions. (NCA Letter 2-3, Apr. 26, 2019.)
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    \1\ The parties were also asked to inform the Board if they were 
interested in participating in Board-sponsored mediation. With 
respect to mediation, NCA and BNSF state that they are agreeable to 
Board-sponsored mediation. (Id. at 4; BNSF Letter 1, Apr. 26, 2019.) 
CP states that it is willing to engage with NCA either directly or 
through the Board's Rail Customer and Public Assistance program, but 
that it has no interest in reopening negotiations with BNSF. (CP 
Letter 3, May 15, 2019.) On June 27, 2019, NCA filed a letter 
objecting to CP's proposed exclusion of BNSF from mediation and 
requesting that the Board either order three-party mediation or 
issue a decision on the merits. (NCA Letter 2, June 27, 2019.) The 
Board has not ordered mediation at this time.
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    In light of this submission and the parties' responses regarding 
their interest in participating in Board-sponsored mediation, the Board 
will remove this proceeding from abeyance and schedule an oral argument 
on August 20, 2019, in Washington, DC. The Board expects NCA, CP, and 
BNSF to be prepared to discuss their respective arguments and evidence 
and to respond to questions from the Board. Each party will have 20 
minutes of argument time. NCA, as petitioner, may reserve part of its 
time for rebuttal if it so chooses. Details and instructions for 
participation and attendance at the hearing, including the time and 
specific location, will be issued in a separate decision.
    It is ordered:
    1. This proceeding is removed from abeyance.
    2. An oral argument will be held in this proceeding, as discussed 
above.
    3. This decision is effective on its service date.

    Decided: July 19, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-15730 Filed 7-23-19; 8:45 am]
BILLING CODE 4915-01-P