[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Page 63641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20025]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36722]


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

    Chicago, Central & Pacific Railroad Company (CCP) has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(7) for acquisition 
of overhead trackage rights over approximately 41.5 miles of rail line 
owned by Cedar River Railroad Company (CEDR) \1\ between milepost 0.0 
at Mona Junction in Cedar Falls, Iowa, and milepost 41.5 in Charles 
City, Iowa (the Line).
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    \1\ The verified notice states that both CCP and CEDR are 
indirect rail carrier subsidiaries of Canadian National Railway 
Company (CN), whose U.S. rail carrier subsidiaries (including CCP 
and CEDR) are held directly or indirectly by CN's wholly owned 
subsidiary Grand Trunk Corporation. See Canadian Nat'l Ry.--
Control--Ill. Cent. Corp., 4 S.T.B. 122 (1999); Ill. Cent. Corp.--
Control--CCP Holdings, Inc., FD 32858 (STB served May 14, 1996).
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    CCP and CEDR have entered into a March 23, 2023 written trackage 
rights agreement \2\ that grants CCP overhead trackage rights over the 
Line. According to the verified notice, the transaction, together with 
another transaction that would grant CCP and CEDR limited trackage 
rights over a connecting rail line owned by Dakota, Minnesota & Eastern 
Railroad Company (DM&E),\3\ will permit CCP to operate trains with its 
own crews between Mona Junction in Cedar Falls and Valero Marketing & 
Supply Company's ethanol facility in Floyd County, Iowa.
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    \2\ A redacted version of the trackage rights agreement was 
filed with the verified notice. An unredacted version of the 
agreement was submitted to the Board under seal concurrently with a 
motion for protective order, which was granted in a decision served 
on September 7, 2023.
    \3\ In a related proceeding, CCP and CEDR have filed a verified 
notice of exemption under 49 CFR 1180.2(d)(7) for the acquisition of 
limited local trackage rights over approximately 3.75 miles of rail 
line owned by DM&E, between milepost 88.85 in Charles City and the 
east mainline switch to the Valero ethanol facility at approximately 
milepost 92.6, west of Charles City. See Cedar River R.R.--Trackage 
Rts. Exemption--Dakota, Minn. & E. R.R., Docket No. FD 36721.
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    As a condition to this exemption, any employees affected by the 
acquisition of 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 by Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    The transaction may be consummated on or after October 1, 2023, the 
effective date of the exemption. If the verified 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. Petitions for stay must be filed no 
later than September 22, 2023 (at least seven days before the exemption 
becomes effective).
    All pleadings, referring to Docket No. FD 36722, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Applicants' 
representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to CCP, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 12, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-20025 Filed 9-14-23; 8:45 am]
BILLING CODE 4915-01-P