Canadian National Railway Company and Grand Trunk Corporation-Control-Iowa Northern Railway Company

Published date29 February 2024
Record Number2024-04271
Citation89 FR 14919
CourtSurface Transportation Board
SectionNotices
Federal Register, Volume 89 Issue 41 (Thursday, February 29, 2024)
[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
                [Notices]
                [Pages 14919-14923]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-04271]
                =======================================================================
                -----------------------------------------------------------------------
                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.)
                ---------------------------------------------------------------------------
                 \1\ CNR and its U.S. rail operating subsidiaries are referred to
                collectively as ``CN.'' (Appl. 1 n.1.)
                 \2\ Applicants state that, during the voting trust period, Iowa
                Northern continues to operate independently and is controlled by
                existing Iowa Northern management. (Appl. 12.)
                ---------------------------------------------------------------------------
                [[Page 14920]]
                 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.)
                ---------------------------------------------------------------------------
                 \3\ On 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 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
                CN-Iowa 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 CN-Iowa 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
                [[Page 14921]]
                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.)
                ---------------------------------------------------------------------------
                 \4\ Also, 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.
                ---------------------------------------------------------------------------
                 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).
                ---------------------------------------------------------------------------
                 \5\ This 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).
                ---------------------------------------------------------------------------
                 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 CN-Iowa 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
                [[Page 14922]]
                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.
                ---------------------------------------------------------------------------
                 \6\ This 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).
                ---------------------------------------------------------------------------
                 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.
                ---------------------------------------------------------------------------
                 \7\ Applicants 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.
                ---------------------------------------------------------------------------
                 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 (Sub-No. 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.
                [[Page 14923]]
                August 25, 2024 \8\--Board's decision becomes effective.
                ---------------------------------------------------------------------------
                 \8\ The final decision will become effective 30 days after it is
                served.
                [FR Doc. 2024-04271 Filed 2-28-24; 8:45 am]
                BILLING CODE 4915-01-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT