[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Pages 61903-61904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23449]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34561]


Canadian Pacific Railway Company--Trackage Rights Exemption--
Norfolk Southern Railway Company

    Pursuant to a trackage rights agreement dated September 30, 2004, 
between Canadian Pacific Railway Company (CPRC) and Norfolk Southern

[[Page 61904]]

Railway Company (NSR),\1\ NSR has agreed to grant CPRC approximately 
12.5 miles of overhead trackage rights in the vicinity of Buffalo, NY, 
over: (a) NSR's Southern Tier Line between milepost 413.0<plus-minus> 
and the western end of the Southern Tier Line at milepost 419.8<plus-
minus> (including tracks into NSR's Bison Yard), a distance of 
approximately 6.8 miles; (b) NSR's Bison Running Track between the 
point of connection with the Southern Tier Line at milepost 419.8<plus-
minus> and the point of connection with the lines of CSX 
Transportation, Inc. (CSXT) at milepost 423.3<plus-minus>, a distance 
of approximately 3.5 miles; and (c) NSR's Howard Street Running Track 
between the point of connection with the Bison Running Track at 
milepost 420.15<plus-minus> and the point of connection with the lines 
of CSXT at milepost 422.3<plus-minus>, a distance of approximately 2.15 
miles.\2\
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    \1\ A redacted version of the trackage rights agreement between 
CPRC and NSR was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. A protective order was served on October 8, 2004.
    \2\ CPRC will acquire the trackage rights by assignment from its 
affiliate, Delaware and Hudson Railway Company, Inc. (D&H).
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    The transaction will be consummated on a date mutually agreed in 
writing between CPRC and NSR, which shall not occur until the effective 
date of any required Board approval of the petition for exemption filed 
by D&H in Delaware and Hudson Railway Company--Discontinuance of 
Trackage Rights--in Susquehanna County, PA and Broome, Tioga, Chemung, 
Steuben, Allegany, Livingston, Wyoming, Erie and Genesee Counties, NY, 
STB Docket No. AB-156 (Sub-No. 25X) (including compliance with any 
conditions imposed by the Board in connection with such approval or 
exemption).\3\
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    \3\ By decision served on October 7, 2004, the effective date of 
this trackage rights exemption was stayed until October 27, 2004, to 
allow for review of certain documents, filing of a petition to 
revoke, and the Board's consideration of the stay request filed in 
this proceeding. Accordingly, consummation of the transaction cannot 
occur until October 27, 2004, at the earliest, but, as noted, the 
parties anticipate consummation at some time after the Board acts on 
the petition for exemption in STB Docket No. AB-156 (Sub-No. 25X).
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    The purpose of the trackage rights is to allow CPRC to access 
customers via switching in the Buffalo terminal area, and to 
interchange traffic with other rail carriers along the Southern Tier 
Line and in the Buffalo Terminal Area.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34561, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Terence M. Hynes, Sidley Austin 
Brown & Wood LLP, 1501 K Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23449 Filed 10-20-04; 8:45 am]
BILLING CODE 4915-01-P