Notice2023-20025
Chicago, Central & Pacific Railroad Company-Trackage Rights Exemption-Cedar River Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Page 63641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on September 15, 2023.
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