SURFACE TRANSPORTATION BOARD

The Surface Transportation Board today issued a decision in the review of the merger application filed by Canadian Pacific Railway Limited (CP) and Kansas City Southern Railway Company (KCS), directing applicants to address an issue regarding certain data submitted to the Board.

The information submitted by the applicants appears to contain an inconsistency in the calculation of traffic density numbers.  The Board directs the parties to address the apparent inconsistency and indicate which of the two baseline data sets submitted should be used in analyzing the environmental and transportation impacts of the transaction, and the reasons why that data should be used.  Applicants shall provide the information by March 21, 2022.  Replies to the applicants’ submission are due no later than five days following the applicants’ submission.  The Board has suspended the procedural schedule in this proceeding until further order.

The Board’s decision in Canadian Pacific Railway Limited; Canadian Pacific Railway Company; Soo Line Railroad Company; Central Maine & Quebec Railway US Inc.; Dakota, Minnesota & Eastern Railroad Corporation; and Delaware & Hudson Railway Company, Inc.—Control—Kansas City Southern; The Kansas City Southern Railway Company; Gateway Eastern Railway Company; and The Texas Mexican Railway Company, Docket No. FD 36500, may be viewed and downloaded here.

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