Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Notices 14919 

1CNR and its U.S. rail operating subsidiaries are 

referred to collectively as ‘‘CN.’’ (Appl. 1 n.1.) 

2Applicants state that, during the voting trust 

period, Iowa Northern continues to operate 

independently and is controlled by existing Iowa 

Northern management. (Appl. 12.) 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning the meeting 

should be directed to Adam M. Howard, 

Executive Secretary, Advisory 

Committee on Historical Diplomatic 

Documentation, Department of State, 

Office of the Historian, Washington, DC 

20372, telephone (202) 955–0214, 

(email: history@state.gov). 

SUPPLEMENTARY INFORMATION: 

Closed Sessions. The Committee’s 

sessions in the afternoon of Monday, 

June 10, 2024, and in the morning of 

Tuesday, June 11, 2024, will be closed 

in accordance with section 10(d) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463). The agenda calls for 

discussions of agency declassification 

decisions concerning the Foreign 

Relations series and other 

declassification issues. These are 

matters properly classified and not 

subject to public disclosure under 5 

U.S.C. 552b(c)(1) and the public interest 

requires that such activities be withheld 

from disclosure. 

RSVP Instructions. Prior notification 

and a valid government-issued photo ID 

(such as driver’s license, passport, U.S. 

Government or military ID) are required 

for entrance into the Department of 

State building. Members of the public 

planning to attend the open meetings 

should RSVP, by the dates indicated 

above, to Julie Fort, Office of the 

Historian (202–955–0214). When 

responding, please provide date of birth, 

valid government-issued photo 

identification number and type (such as 

driver’s license number/state, passport 

number/country, or U.S. Government ID 

number/agency or military ID number/ 

branch), and relevant telephone 

numbers. If you cannot provide one of 

the specified forms of ID, please consult 

with Julie Fort for acceptable alternative 

forms of picture identification. 

Personal data is requested pursuant to 

Public Law 99–399 (Omnibus 

Diplomatic Security and Antiterrorism 

Act of 1986), as amended; Public Law 

107–56 (USA PATRIOT Act); and 

Executive Order 13356. The purpose of 

the collection is to validate the identity 

of individuals who enter Department 

facilities. The data will be entered into 

the Visitor Access Control System 

(VACS–D) database. Please see the 

Security Records System of Records 

Notice (State–36) at https://

www.state.gov/wp-content/uploads/ 

2019/05/Security-Records-STATE36.pdf, for additional information. 

Note that requests for reasonable 

accommodation received after the dates 

indicated in this notice will be 

considered but might not be possible to 

fulfill. 

(Authority: 5 U.S.C. 1009, 22 U.S.C. 2651a, 

and 41 CFR 102–3.150) 

Adam M. Howard, 

Executive Secretary, Advisory Committee on 

Historical Diplomatic Documentation, 

Department of State. 

[FR Doc. 2024–04279 Filed 2–28–24; 8:45 am] 

BILLING CODE 4710–34–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36744] 

Canadian National Railway Company 

and Grand Trunk Corporation— 

Control—Iowa Northern Railway 

Company 

AGENCY: Surface Transportation Board. 

ACTION: Decision No. 1 in Docket No. FD 

36744; notice of acceptance of 

application; notice of acceptance of 

related filings for consideration; 

issuance of procedural schedule. 

SUMMARY: The Surface Transportation 

Board (Board) is accepting for 

consideration an application 

(Application) filed on January 30, 2024, 

by Canadian National Railway Company 

(CNR) and Grand Trunk Corporation 

(GTC), together with the Iowa Northern 

Railway Company (Iowa Northern or 

IANR) (collectively, Applicants). The 

Application seeks Board approval for 

CNR and GTC to acquire control of Iowa 

Northern, a Class III rail carrier that 

operates a total of approximately 218 

route miles in the state of Iowa. This 

proposal is referred to as the ‘‘Proposed 

Transaction.’’ The Board is also 

accepting for consideration two related 

filings. Those filings are verified notices 

of exemption seeking Board approval of 

transactions involving mutual trackage 

rights between Iowa Northern and the 

Chicago, Central & Pacific Railroad 

Company (CCP), an indirect rail carrier 

subsidiary of GTC (Related 

Transactions). 

DATES: The effective date of this 

decision is February 29, 2024. Any 

person who wishes to participate in this 

proceeding as a Party of Record must 

file, no later than March 15, 2024, a 

notice of intent to participate. All 

comments, protests, requests for 

conditions, and any other evidence and 

argument in opposition to the 

Application and related filings, 

including filings by the U.S. Department 

of Justice (DOJ) and the U.S. Department 

of Transportation (DOT), must be filed 

by April 1, 2024. Responses to 

comments, protests, requests for 

conditions, other opposition, and 

rebuttal in support of the Application or 

related filings must be filed by May 1, 

2024. See Appendix (Procedural 

Schedule). A final decision in this 

matter will be served no later than July 

26, 2024. Further procedural orders, if 

any, would be issued by the Board. 

ADDRESSES: Any filing submitted in this 

proceeding should be filed with the 

Board via e-filing on the Board’s 

website. In addition, one copy of each 

filing must be sent (and may be sent by 

email only if service by email is 

acceptable to the recipient) to each of 

the following: (1) Secretary of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; (2) 

Attorney General of the United States, c/ 

o Assistant Attorney General, Antitrust 

Division, Room 3109, Department of 

Justice, Washington, DC 20530; (3) 

CNR’s and GTC’s representative, 

Matthew J. Warren, Sidley Austin LLP, 

1501 K Street NW, Washington, DC 

20005; (4) Iowa Northern’s 

representative, Kevin M. Sheys, Law 

Office of Kevin M. Sheys LLC, 42 Brush 

Hill Road, Sherborn, MA 01770; and (5) 

any other person designated as a Party 

of Record on the service list. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Fancher at (202) 245–0355. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: 

Applicants seek the Board’s prior 

review and authorization pursuant to 49 

U.S.C. 11323–25 and 49 CFR part 1180 

for CNR and GTC to acquire control of 

Iowa Northern. (Appl. 1.) Applicant 

GTC is a non-carrier holding company 

through which CNR controls its U.S. rail 

carrier subsidiaries.1 (Id. at 1 n.1.) 

Applicant Iowa Northern is a Class III 

rail carrier wholly owned by Cable & 

Ives, LLC (Cable & Ives). (Id. at 1–2, 11.) 

On December 6, 2023, GTC signed and 

closed an agreement to acquire 100% of 

the equity interest of Cable & Ives. (Id. 

at 1–2, 12.) According to Applicants, the 

shares of Cable & Ives were deposited 

into an independent voting trust 

pursuant to 49 CFR part 1013, pending 

review of the Proposed Transaction by 

the Board.2 (Appl. 1–2, 11–12; see also 

CN Letter Filing of Voting Trust 

Agreement, FD 36744, Dec. 6, 2023.) 

Upon Board approval of the Proposed 

Transaction, Iowa Northern would 

become an indirect rail carrier 

subsidiary of GTC and would be 

indirectly controlled by CNR. (Appl. 3.) 


khammond on DSKJM1Z7X2PROD with NOTICES
14920 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Notices 

3On January 17, 2024, the Butler County Board 

of Supervisors submitted a statement in support of 

the Proposed Transaction. Additionally, several 

letters raising concerns about the Proposed 

Transaction have been submitted by individuals. 

These filings will be discussed in more detail in a 

subsequent decision. 

Applicants state that Iowa Northern 

owns or leases approximately 175 route 

miles of rail line in Iowa and operates 

via trackage rights over an additional 

approximately 43 route miles of track, 

for a total distance of 218 route miles. 

(Id. at 1 & n.2.) Applicants explain that 

Iowa Northern’s system is organized 

into four subdivisions. (Id., Ex. 15, 

Operating Plan 3.) Applicants state that 

Iowa Northern’s main line runs 116.7 

miles extending northwest from Cedar 

Rapids through Waterloo (Cedar Rapids 

Subdivision) and Cedar Falls to Manly 

(Manly Subdivision). (Id. at 30; id., Ex. 

15, Operating Plan 3, Fig. 2.) Applicants 

further state that Iowa Northern owns 

the Cedar Rapids and Manly 

Subdivisions and connects those lines 

via overhead trackage rights on 

approximately 8.7 miles of track owned 

by CN. (Id., Ex. 15, Operating Plan 3, 5, 

Fig. 4.) Applicants note that Iowa 

Northern also operates over a short 

portion of a Union Pacific Railroad 

Company (UP) line in Cedar Rapids, 

which Iowa Northern uses to access UP, 

CN, and the Cedar Rapids and Iowa City 

Railway (CRANDIC) in Cedar Rapids. 

(Id., Ex. 15, Operating Plan 5, Fig. 5.) 

Regarding the Waterloo–Oelwein 

subdivision (Oelwein Subdivision), 

Applicants state that Iowa Northern 

owns the branch line extending from 

Dewar, near Waterloo, to Oelwein, and 

Iowa Northern accesses that line via an 

approximately seven-mile track known 

as the ‘‘Waterloo Industrial Lead,’’ 

extending from Waterloo to Dewar, and 

leased from UP. (Id., Ex. 15, Operating 

Plan 3, Fig. 4.) Regarding the Forest 

City–Belmond subdivision (Garner 

Subdivision), Applicants state that Iowa 

Northern leases that line from North 

Central Iowa Rail Corridor, L.L.C., and 

accesses the line via approximately 30.2 

miles of overhead trackage rights on a 

Canadian Pacific Kansas City Limited 

(CPKC) line from Nora Springs to 

Garner. (Id., Ex. 15, Operating Plan 3, 5, 

Fig. 2.) 

According to Applicants, CN’s current 

network spans approximately 18,600 

route miles in 13 U.S. states and eight 

Canadian provinces. (Id., Ex. 15, 

Operating Plan 8.) With respect to CN’s 

operations in Iowa, Applicants state that 

CCP is the CN rail operating subsidiary 

that primarily owns and operates CN’s 

rail lines in Iowa. (Id.) Applicants note 

that CN currently has 226 craft 

employees in Iowa and operates 574 

route miles in the state. (Id.) 

Specifically, CN operates main lines 

east from Sioux City and Council Bluffs 

that converge near Fort Dodge and run 

through Waterloo and Dubuque, Iowa, 

with several secondary lines in between. 

(Id.) 

Financial Arrangements. According to 

Applicants, no new securities would be 

issued in connection with the Proposed 

Transaction. Applicants state that the 

only relevant financial arrangement is 

the payment of the purchase price by 

GTC, as provided in the Unit Purchase 

Agreement. (Id. at 17.) 

Passenger Service Impacts. 

Applicants anticipate no impact on 

commuter or other passenger service. 

(Id. at 39.) According to Applicants, 

there is no commuter or other such 

service on Iowa Northern, and the 

Proposed Transaction is not expected to 

impact any passenger service operating 

on any CN lines. (Id., Ex. 15 at 29.) 

Discontinuances/Abandonments. 

Applicants state that there are no 

planned abandonments or 

discontinuances as a result of the 

Proposed Transaction. (Id. at 39, Ex. 15 

at 30.) Applicants note, however, that 

Iowa Northern has been working with 

the City of Cedar Falls regarding 

removal of Iowa Northern’s Cedar Falls 

Utility Spur, and that CN will cooperate 

with preexisting efforts by the City of 

Cedar Falls to abandon and remove this 

track after it assumes control of Iowa 

Northern, including obtaining any 

necessary Board authority. (Id. at 39, Ex. 

15 at 30.) 

Public Interest Considerations.3

Applicants assert that the Proposed 

Transaction would not result in the 

lessening of competition, creation of a 

monopoly, or restraint of trade in freight 

surface transportation. (Appl. 17.) 

Indeed, Applicants state that the 

Proposed Transaction would have no 

negative competitive impacts as there 

would be no two-to-one rail customer 

stations—i.e., no shipper has access 

exclusively to both CN and Iowa 

Northern. (Id. at 18; id., App. B, V.S. 

Hunt 6 & Ex. 6–1.) Applicants further 

argue that ‘‘while the Board’s focus is 

generally on preserving competition 

between two rail carriers,’’ there are 

only three potential three-to-two 

customer stations. (Id. at 18; id., App. B, 

V.S. Hunt 6 & Ex. 6–1.) According to 

Applicants, those customer stations 

currently have access to CN, Iowa 

Northern, and UP. (Id. at 18.) 

Nevertheless, Applicants assert that CN 

has committed to ensuring continued 

access to UP. (Id.) 

Applicants further note that CN will 

preserve existing access between Iowa 

Northern and other railroads—Iowa 

Northern currently interchanges with 

three Class I railroads (including CN) 

and one short line. (Id.) Applicants 

specifically state that CN has committed 

to providing Iowa Northern-served 

customers with commercially 

reasonable rates and service for interline 

traffic with rail carriers other than CN. 

(Id. at 7.) According to Applicants, this 

commitment encompasses interline 

traffic that is currently interchanged 

with CPKC or UP at the northwestern 

end of Iowa Northern; traffic that is 

interchanged with UP or CRANDIC in 

Cedar Rapids; and traffic Iowa Northern 

moves between UP and the UP 

Industrial Lead at Waterloo. (Id.) 

Further, Applicants note that this 

commitment would apply equally to 

traffic that originates and traffic that 

terminates on Iowa Northern’s lines. 

(Id.) Additionally, Applicants assert that 

CN has committed to maintaining 

existing carrier access to locations in 

current CN and Iowa Northern 

voluntary reciprocal switch tariffs. (Id.) 

Applicants claim that, through the 

Proposed Transaction, a combined CNIowa Northern would provide more 

efficient and economical service, 

providing customers with access to new 

market opportunities, while supporting 

reliable local service on Iowa Northern’s 

lines. (Id. at 20.) According to 

Applicants, customers in a wide range 

of markets—including ethanol, 

fertilizer, and grain—would benefit from 

operational efficiencies and access to 

markets through new, more efficient 

single-line service on the combined CNIowa Northern system. (Id. at 8.) 

Applicants also state that the Proposed 

Transaction would provide a firm 

financial foundation to enable a 

combined CN-Iowa Northern to 

continue providing safe, reliable local 

service to customers in Iowa. (Id.) 

Moreover, Applicants assert that the 

Proposed Transaction would benefit the 

Iowa economy and local Iowa customers 

and communities by supporting the 

growth of local businesses via new, 

single-line service between points on 

Iowa Northern and locations throughout 

North America over CN’s 18,600-mile 

rail network. (Id.) 

Time Schedule for Consummation. As 

noted above, Applicants state that, on 

December 6, 2023, GTC signed and 

closed on an agreement to acquire from 

Sabin Group Holdings, L.L.C., and TCFII 

IANR SPE LLC, 100% of the equity 

interest of Cable & Ives, which wholly 

owns Iowa Northern. (Id. at 1.) 

Applicants state that the shares of Cable 

& Ives were deposited into an 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Notices 14921 

4Also, on January 30, 2024, Applicants filed a 

motion for protective order in Docket No. FD 36744, 

which was granted by decision served on February 

8, 2024. 

5This decision embraces the following dockets: 

Chicago, Central & Pacific Railroad—Trackage 

Rights Exemption—Iowa Northern Railway, Docket 

No. FD 36744 (Sub-No. 1), and Iowa Northern 

Railway—Trackage Rights Exemption—Chicago, 

Central & Pacific Railroad, Docket No. FD 36744 

(Sub-No. 2). 

independent voting trust pursuant to 49 

CFR part 1013, pending review of the 

Proposed Transaction by the Board. (Id. 

at 2, 11–12; see also CN Letter Filing of 

Voting Trust Agreement, FD 36744, Dec. 

6, 2023.) According to Applicants, they 

expect to consummate the Proposed 

Transaction as soon as practicable after 

the Board’s decision approving the 

Application becomes effective. (Appl. 

13.) 

Environmental Impacts. Applicants 

state that, pursuant to 49 CFR 

1105.6(c)(1), no environmental reporting 

is required because the environmental 

impacts of the Proposed Transaction fall 

below the thresholds established in 49 

CFR 1105.7(e)(4) and (5). (Appl. 2, 33.) 

Historic Preservation Impacts. 

Applicants state that no historic report 

is required under 49 CFR 1105.8, as the 

Proposed Transaction is for the purpose 

of continued rail operations and 

Applicants have no plans to dispose of 

or alter properties subject to the Board’s 

jurisdiction that are 50 years old or 

older. (Appl. 2, 38.) 

Labor Impacts. Applicants state that 

Iowa Northern currently employs 83 

craft employees. (Id., Ex. 15 at 31.) 

According to Applicants, while some 

positions may be relocated or modified 

to permit various efficiencies and 

service improvements, all Iowa 

Northern craft employees will be 

retained to maintain and expand 

operations. (Id.) Applicants further 

assert that the Board’s standard labor 

protection conditions have been 

exceeded by employees being offered 

substantial retention bonuses, in 

addition to continuation of existing 

compensation and benefit levels. (Id.) 

Notwithstanding the above, however, 

Applicants state that they agree to 

imposition of labor conditions in 

accordance with New York Dock 

Railway—Control—Brooklyn Eastern 

District Terminal, 360 I.C.C. 60 (1979), 

aff’d sub nom. New York Dock Railway 

v. United States, 609 F.2d 83 (2d Cir. 

1979). (Appl., Ex. 15 at 31–32.) 

Related Filings. Two verified notices 

of exemption were filed in connection 

with the Proposed Transaction.4

Applicants state that the requests are for 

mutual trackage rights between Iowa 

Northern and CCP, and that the 

proposed trackage rights are intended to 

give the combined CN-Iowa Northern 

maximum operational flexibility by 

allowing those carriers to operate trains 

with their own crews over each other’s 

track in Iowa. (Appl. 2.) 

CCP Acquisition of Trackage Rights. 

In Docket No. FD 36744 5 (Sub-No. 1), 

CCP seeks overhead and limited local 

trackage rights from Iowa Northern, 

pursuant to 49 CFR 1180.2(d)(7), for a 

rail line extending between IANR 

milepost 157.5 at Cedar Falls Junction 

in Cedar Falls and IANR milepost 225.8 

at Manly Yard in Manly, a distance of 

approximately 68.3 miles. CCP states 

that the proposed trackage rights 

arrangement would not be 

consummated until and unless CN 

acquires control of Iowa Northern 

pursuant to approval by the Board of the 

Proposed Transaction. CCP states that 

employees would be protected by the 

conditions set forth in Norfolk & 

Western Railway—Trackage Rights— 

Burlington Northern, Inc., 354 I.C.C. 605 

(1978), as modified in Mendocino Coast 

Railway—Lease & Operate—California 

Western Railroad, 360 I.C.C. 653 (1980). 

Iowa Northern Acquisition of 

Trackage Rights. In Docket No. FD 

36744 (Sub-No. 2), Iowa Northern seeks 

overhead and limited local trackage 

rights from CCP for: (1) rail extending 

from CCP milepost 275.8 at Waterloo 

east to CCP milepost 183.0 at Dubuque, 

a distance of approximately 92.8 miles; 

(2) rail extending from CCP milepost 

275.8 at Waterloo west to CCP milepost 

381.2 at Tara, Iowa, a distance of 

approximately 105.4 miles; and (3) an 

approximately 2.7-mile connecting track 

at Waterloo. In total, the lines consist of 

approximately 200.9 miles. Iowa 

Northern states that the proposed 

trackage rights arrangement would not 

be consummated until and unless CN 

acquires control of Iowa Northern 

pursuant to approval by the Board of the 

Proposed Transaction. Iowa Northern 

states that employees would be 

protected by the conditions set forth in 

Norfolk & Western Railway—Trackage 

Rights, 354 I.C.C. 605, as modified in 

Mendocino Coast Railway—Lease & 

Operate, 360 I.C.C. 653. 

Primary Application and Related 

Filings Accepted. The Board finds that 

the Proposed Transaction would be a 

‘‘minor transaction’’ under 49 CFR 

1180.2(c), and the Board accepts the 

Application for consideration because it 

is in substantial compliance with the 

applicable regulations governing minor 

transactions. See 49 U.S.C. 11321–26; 49 

CFR part 1180. Additionally, the Board 

is accepting for consideration the 

related verified notices of exemption 

filed in Docket Nos. FD 36744 (Sub-No. 

1) and FD 36744 (Sub-No. 2), which are 

also in compliance with the applicable 

regulations. The Board reserves the right 

to require the filing of supplemental 

information as necessary to complete 

the record. 

When a transaction does not involve 

the merger or control of two or more 

Class I railroads, the Board’s treatment 

differs depending upon whether the 

transaction would have ‘‘regional or 

national transportation significance.’’ 49 

U.S.C. 11325. Under 49 CFR 1180.2, a 

transaction that does not involve two or 

more Class I railroads is to be classified 

as ‘‘minor’’—and thus not having 

regional or national transportation 

significance—if a determination can be 

made that either: (1) the transaction 

clearly will not have any 

anticompetitive effects; or (2) any 

anticompetitive effects of the 

transaction will clearly be outweighed 

by the transaction’s anticipated 

contribution to the public interest in 

meeting significant transportation 

needs. A transaction not involving the 

control or merger of two or more Class 

I railroads is to be classified as 

‘‘significant’’ if neither of these 

determinations can be made. 

The Board finds the Proposed 

Transaction to be a ‘‘minor transaction’’ 

because it appears from the face of the 

Application that the efficiency and 

other public interest benefits would 

clearly outweigh whatever 

anticompetitive effects may exist. As 

discussed in the Application, Iowa 

Northern shippers could benefit from 

operational efficiencies and access to 

markets through single-line service on 

the combined CN-Iowa Northern 

system. (See Appl. 7, 14.) The Proposed 

Transaction, if approved and 

implemented, could also provide a firm 

financial foundation for a combined CNIowa Northern to provide safe, reliable 

local service to customers in Iowa. (See 

id. at 7, 15.) In addition, Iowa Northern 

customers could benefit from access to 

a broader range of railroad equipment 

and improved equipment utilization. 

(See id. at 15.) 

Further, the Proposed Transaction 

does not appear to pose any significant 

anticompetitive effects. The Application 

indicates that the Proposed Transaction 

would not result in any two-to-one 

customer stations (although, as 

Applicants acknowledge, there are three 

potential three-to-two customer 

stations). (Id. at 4, 6, 18; id., App. B, V.S. 

Hunt 6 & Ex. 6–1.) Additionally, CN has 

made a gateway commitment to ensure 

that Iowa Northern customers would 


khammond on DSKJM1Z7X2PROD with NOTICES
14922 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Notices 

6This notice will be published in the Federal 

Register on February 29, 2024, and all subsequent 

deadlines will be calculated from this date. 

Deadlines for filings are calculated in accordance 

with 49 CFR 1104.7(a). 

7Applicants have submitted a public version and 

highly confidential version of the Application. The 

public version is available on the Board’s website. 

The highly confidential version may be obtained 

from the Applicants’ representatives subject to the 

provisions of the protective order issued by the 

Board on February 8, 2024. 

continue to have access to interline 

options on commercially reasonable 

terms. (Id. at 7). See also Canadian Nat’l 

Ry.—Control—EJ&E W. Co., FD 35087, 

slip op. at 10 (STB served Nov. 26, 

2007) (designating transaction as minor 

where, among other things, Applicants 

committed to protecting interline 

options with other carriers through an 

open gateway commitment). 

Specifically, CN represents that it ‘‘will 

commit to the Board and to Iowa 

Northern customers that, if the Proposed 

Transaction is approved, CN would 

provide Iowa Northern-served 

customers with commercially 

reasonable rates and service for interline 

traffic with rail carriers other than CN,’’ 

and that such commitment would apply 

equally both to traffic that originates 

and terminates on Iowa Northern’s 

lines. (Appl. 7.) CN has also committed 

to maintain existing carrier access to 

locations in current CN and Iowa 

Northern voluntary reciprocal switch 

tariffs. (Id.) 

For these reasons, based on the 

information provided in the 

Application, the Board finds the 

Proposed Transaction to be a minor 

transaction under 49 CFR 1180.2(c). The 

Board emphasizes that this is not a final 

determination and may be rebutted by 

subsequent filings and evidence 

submitted into the record for this 

proceeding. Further, this determination 

should not be read to mean that the 

Proposed Transaction is insignificant or 

of little importance. Indeed, after the 

record is fully developed, the Board will 

conduct a careful review before making 

a final determination as to whether the 

Proposed Transaction would 

substantially lessen competition, create 

a monopoly, or restrain trade, and 

whether any anticompetitive effects 

would be outweighed by the public 

interest. See 49 U.S.C. 11324(d)(1)–(2). 

The Board may also consider imposing 

conditions on the Proposed Transaction. 

Procedural Schedule. The Board has 

considered Applicants’ motion for a 

procedural schedule, filed January 30, 

2024. Any person who wishes to 

participate in this proceeding as a Party 

of Record must file a notice of intent to 

participate no later than March 15, 

2024; all comments, protests, requests 

for conditions, and any other evidence 

and argument in opposition to the 

Application, including filings by DOJ 

and DOT, must be filed by April 1, 

2024; and responses to comments, 

protests, requests for conditions, and 

other opposition on the transportation 

merits of the Transaction must be filed 

by May 1, 2024. The Board is required 

to issue ‘‘a final decision by the 45th 

day after the date on which it concludes 

the evidentiary proceedings,’’ 49 U.S.C. 

11325(d)(2), and will do so here.6 The 

adopted procedural schedule is in the 

Appendix to this decision. 

Notice of Intent to Participate. Any 

person who wishes to participate in this 

proceeding as a Party of Record must 

file with the Board, no later than March 

15, 2024, a notice of intent to 

participate, accompanied by a certificate 

of service indicating that the notice has 

been properly served on the Secretary of 

Transportation, the Attorney General of 

the United States, and Applicants’ 

representatives. 

If a request is made in the notice of 

intent to participate to have more than 

one name added to the service list as a 

Party of Record representing a particular 

entity, the extra name(s) will be added 

to the service list as a ‘‘Non-Party.’’ Any 

person designated as a Non-Party will 

receive copies of Board decisions, 

orders, and notices but not copies of 

official filings. Persons seeking to 

change their status must accompany 

that request with a written certification 

that he or she has complied with the 

service requirements set forth at 49 CFR 

1180.4 and any other requirements set 

forth in this decision. 

Service on Parties of Record. Each 

Party of Record will be required to serve 

upon all other Parties of Record, within 

10 days of the service date of this 

decision, copies of all filings previously 

submitted by that party (to the extent 

such filings have not previously been 

served upon such other parties). Each 

Party of Record will also be required to 

file with the Board, within 10 days of 

the service date of this decision, a 

certificate of service indicating that the 

service required by the preceding 

sentence has been accomplished. Every 

filing made by a Party of Record after 

the service date of this decision must 

have its own certificate of service 

indicating that all Parties of Record on 

the service list have been served with a 

copy of the filing. Members of the 

United States Congress and Governors 

are not Parties of Record and need not 

be served with copies of filings, unless 

any Member or Governor has requested 

to be, and is designated as, a Party of 

Record. 

Service of Decisions, Orders, and 

Notices. The Board will serve copies of 

its decisions, orders, and notices on 

those persons who are designated on the 

official service list as a Party of Record 

or Non-Party. All other interested 

persons are encouraged to obtain copies 

of decisions, orders, and notices via the 

Board’s website at www.stb.gov. 

Access to Filings. Under the Board’s 

rules, any document filed with the 

Board (including applications, 

pleadings, etc.) shall be promptly 

furnished to interested persons on 

request, unless subject to a protective 

order. 49 CFR 1180.4(a)(3). The 

Application and other filings in this 

proceeding will be furnished to 

interested persons upon request and 

will also be available on the Board’s 

website at www.stb.gov.7 In addition, 

the Application may be obtained from 

Applicants’ representatives at the 

addresses indicated above. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. The application filed in Docket No. 

FD 36744 is accepted for consideration 

and the related verified notices of 

exemption filed in Docket Nos. FD 

36744 (Sub-No. 1) and FD 36744 (SubNo. 2) are accepted for consideration. 

2. The parties to this proceeding must 

comply with the procedural schedule 

shown in the Appendix to this decision 

and the procedural requirements 

described in this decision. 

3. This decision is effective on 

February 29, 2024. 

Decided: February 26, 2024. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Eden Besera, 

Clearance Clerk. 

Appendix 

Procedural Schedule 

January 30, 2024—Application filed. 

February 29, 2024—Board notice of 

acceptance of Application served. 

March 15, 2024—Notices of intent to 

participate in this proceeding due. 

April 1, 2024—All comments, protests, 

requests for conditions, and any other 

evidence and argument in opposition to 

the Application, including filings of DOJ 

and DOT, due. 

May 1, 2024—Responses to comments, 

protests, requests for conditions, and other 

opposition due. Rebuttal in support of the 

Application due. 

June 13, 2024—Record closes. 

July 26, 2024—Date by which a final decision 

will be served. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Notices 14923 

8The final decision will become effective 30 days 

after it is served. 

August 25, 2024 8—Board’s decision becomes 

effective. 

[FR Doc. 2024–04271 Filed 2–28–24; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2024–0014] 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Cape Cod Bridges Program in 

Barnstable County, Massachusetts 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The FHWA in coordination 

with the Massachusetts Department of 

Transportation Highway Division 

(MassDOT) is issuing this Notice of 

Intent (NOI) to solicit comments and 

advise the public, agencies, and 

stakeholders that an Environmental 

Impact Statement (EIS) will be prepared 

in accordance with the National 

Environmental Policy Act (NEPA) to 

study the potential environmental and 

related social and economic effects of 

proposed transportation improvements 

through the Cape Cod Bridges Program 

in the town of Bourne, Barnstable 

County, Massachusetts. The Cape Cod 

Bridges Program proposes critical 

transportation infrastructure 

improvements including replacement of 

the Bourne and Sagamore highway 

bridges spanning Cape Cod Canal; 

reconfiguration of the highway 

approach networks north and south of 

Cape Cod Canal to align with the 

replacement highway bridges; and 

provision of separated pedestrian and 

bicycle accommodations along the 

replacement bridges with connections to 

the local roadway network. This NOI 

contains a summary of the information 

required in the Council on 

Environmental Quality (CEQ) NEPA 

regulations. This NOI should be 

reviewed together with the 

Supplementary NOI Document, which 

includes important details about the 

Cape Cod Bridges Program and 

complements the information in this 

NOI. Persons and agencies who may be 

interested in or affected by the Cape Cod 

Bridges Program are encouraged to 

comment on the information in this NOI 

and the Supplementary NOI Document. 

All comments received in response to 

this NOI will be considered and any 

information presented herein may be 

revised in consideration of the 

comments. 

DATES: Publication of this NOI initiates 

a 30-day public comment period. 

Comments on the NOI or the 

Supplementary NOI Document are to be 

received by FHWA through the methods 

below by April 1, 2024. 

ADDRESSES: This NOI and the 

Supplementary NOI Document are also 

available in the docket referenced above 

at www.regulations.gov and on the 

Program website located at http://

www.mass.gov/cape-bridges. The 

Supplementary NOI Document will be 

mailed upon request. Interested parties 

are invited to submit comments by any 

of the following methods: 

Website: For access to the documents, 

go to the Federal eRulemaking Portal 

located at www.regulations.gov or the 

Program website located at https://

www.mass.gov/cape-bridges. Follow the 

online instructions for submitting 

comments. 

Mailing address or for hand delivery 

or courier: Cassandra Ostrander, 

Program Development Team Leader, 

Federal Highway Administration, 220 

Binney Street, 9th Floor, Cambridge, 

Massachusetts 02142. Office Hours: 

Monday through Friday (except Federal 

holidays) from 8 a.m. to 4:30 p.m. 

All submissions should include the 

agency name and the docket number 

that appears in the heading of this 

Notice. All comments received will be 

posted without change to 

www.regulations.gov, including any 

personal information provided. A 

summary of the comments will be 

included in the Draft EIS (DEIS). 

FOR FURTHER INFORMATION CONTACT: 

FHWA: Cassandra Ostrander, Program 

Development Team Leader, Federal 

Highway Administration, 220 Binney 

Street,9th Floor, Cambridge, 

Massachusetts 02142; email: cassandra.

ostrander@dot.gov; (617) 494–3113. 

MassDOT: Bryan Cordeiro, Project 

Manager, Massachusetts Department of 

Transportation, 10 Park Plaza, Suite 

6340, Boston, Massachusetts 02116; 

email: bryan.j.cordeiro@dot.state.ma.us; 

(774) 993–9632.

SUPPLEMENTARY INFORMATION: The

FHWA and MassDOT are committed to

public involvement for this study. The

FHWA, as the Lead Federal Agency, and

MassDOT, as sponsor and joint lead

agency, are preparing an EIS for the

Cape Cod Bridges Program to identify,

analyze, and disclose the potential

environmental and related social and

economic effects of the Build and No

Build alternatives. The EIS will be

prepared in accordance with the 

requirements of the National 

Environmental Policy Act (NEPA) of 

1969, as amended (42 United States 

Code [U.S.C.] 4321, et seq.); 23 U.S.C. 

139; Council on Environmental Quality 

(CEQ) regulations implementing NEPA 

(40 Code of Federal Regulations [CFR] 

1500–1508); FHWA regulations 

implementing NEPA (23 CFR 771.101– 

771.139); and applicable Federal, State, 

and local laws and regulations. 

The Supplementary NOI Document 

provides additional information on the 

Purpose and Need for the proposed 

action, alternatives considered, and 

expected impacts on the human, natural 

and built environments. The FHWA 

requests comments and suggestions on 

the Purpose and Need, study 

alternatives and impacts, and the 

identification of any relevant 

information, studies or analyses of any 

kind concerning impacts to the quality 

of the human and natural environment. 

All public comments received in 

response to this NOI will be considered, 

and changes may be made to the study 

as appropriate. 

Program Background 

The Bourne and Sagamore Bridges, 

which were simultaneously built 

between 1933 and 1935, are two high 

level, fixed span highway bridges 

spanning Cape Cod Canal in the town of 

Bourne, Barnstable County, 

Massachusetts. The New England 

District of the U.S. Army Corps of 

Engineers (USACE) owns, operates, and 

maintains the Bourne and Sagamore 

Bridges (collectively referred to as the 

Cape Cod Canal highway bridges) as 

part of the Cape Cod Canal Federal 

Navigation Project. The Cape Cod Canal 

highway bridges provide the only 

roadway access for the more than 35 

million vehicles that cross Cape Cod 

Canal each year and serve as the 

gateway to Cape Cod for more than 

250,000 year-round residents of the 

Cape and Islands (Barnstable, Dukes, 

and Nantucket counties), and millions 

of annual visitors to the region during 

the height of the summer tourist season 

between Memorial Day and Labor Day. 

As the only roadway access points 

between mainland Massachusetts and 

Cape Cod, and by extension to the 

islands of Martha’s Vineyard and 

Nantucket via Cape Cod based ferry 

services, the Cape Cod Canal highway 

bridges serve as essential routes for 

general transportation, commerce, 

tourism, and evacuations in case of 

emergency. The Cape Cod Canal 

highway bridges, particularly the 

Bourne Bridge, also provide the only 

vehicular access points from the 


khammond on DSKJM1Z7X2PROD with NOTICES