[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14172-14173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05901]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36004]
Canadian Pacific Railway Limited--Petition for Expedited
Declaratory Order
On March 2, 2016, Canadian Pacific Railway Limited (CPRL) \1\ filed
a petition requesting that the Board issue a declaratory order on two
issues pertaining to CPRL's pursuit of a possible merger with Norfolk
Southern Railway Company (NSR) whether: (1) ``A structure in which CPRL
holds its current rail carrier subsidiaries in an independent,
irrevocable voting trust while it acquires control of [NSR] and seeks
STB merger authority potentially could be used to avoid the exercise of
unlawful premature common control''; and (2) ``it would be potentially
permissible for the chief executive officer of [CPRC] to terminate his
position at [CPRC] entities in trust and then to take the comparable
position at [NSR] pending merger approval.'' (Pet. 2.) CPRL has
requested that the Board issue an expedited declaratory order by May 6,
2016.
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\1\ CPRL is a noncarrier, publicly traded holding company that
wholly owns directly or indirectly rail carriers in Canada and the
United States that do business as ``CP'' or ``Canadian Pacific.''
``CP'' or ``Canadian Pacific'' refers to the Canadian Pacific
Railway Company (CPRC), the Canadian operating company and parent of
the U.S. railroad operating subsidiaries Soo Line Railroad Company,
Delaware and Hudson Railroad Company, and Dakota, Minnesota and
Eastern Railroad Corporation.
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On March 7, 2016, the Transportation Communications Union/IAM (TCU/
IAM) requested that the Board provide interested parties 45 days to
reply to the March 2 petition.\2\ Also on March 7, 2016, CSX
Corporation requested that the Board deny the March 2 petition, or,
should the Board proceed, issue a procedural schedule that would allow
parties 30 days from publication to submit comments and 15 days for the
simultaneous submission of reply comments. On March 9, 2016, the
Brotherhood of Maintenance of Way Employes Division/IBT, Brotherhood of
Railroad Signalmen, and International
[[Page 14173]]
Association of Sheet Metal, Air, Rail and Transportation Workers/
Mechanical Division jointly submitted a reply requesting until April 1,
2016, to reply to the March 2 petition and that no replies to replies
be permitted. By comment filed on March 9, 2016, the Transportation
Division of the Sheet Metal, Air, Rail and Transportation Workers Union
joined in TCU/IAM's request for at least 45 days to reply to the March
2 petition.
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\2\ On March 7, 2016, CPRL filed a reply requesting that the
Board deny TCU/IAM's extension request.
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Replies will be due by April 8, 2016, and should address the merits
of CPRL's petition. CPRL will be permitted to file a rebuttal by April
13, 2016. Under the circumstances, this schedule will provide a
sufficient opportunity for interested persons to present their views on
the issues raised and for CPRL to respond.
It is ordered:
1. Substantive replies to CPRL's petition are due by April 8, 2016.
2. CPRL's rebuttal is due by April 13, 2016.
3. Notice of this action will be published in the Federal Register.
4. This decision is effective on its service date.
Decided: March 10, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-05901 Filed 3-15-16; 8:45 am]
BILLING CODE 4915-01-P