[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17234-17235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06820]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35799]
Rapid City, Pierre & Eastern Railroad, Inc.--Acquisition and
Operation Exemption Including Interchange Commitment--Dakota, Minnesota
& Eastern Railroad Corporation
Rapid City, Pierre & Eastern Railroad, Inc. (RCP&E),\1\ a
noncarrier, has filed a verified notice of exemption under 49 CFR
1150.35 to acquire from Dakota, Minnesota & Eastern Railroad
Corporation d/b/a Canadian Pacific (DM&E) \2\ and to operate
approximately 670 miles of rail lines known as the DM&E West Lines in
Minnesota, South Dakota, Nebraska, and Wyoming. RCP&E would also
acquire approximately 219 miles of incidental trackage rights over
connecting lines of DM&E and other carriers. RCP&E and DM&E entered
into an agreement regarding this transaction on January 2, 2014.\3\
This transaction would result in RCP&E's becoming a Class II rail
carrier.
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\1\ RCP&E is a wholly owned subsidiary of Genesee & Wyoming Inc.
(GWI).
\2\ In Canadian Pacific Railway--Control--Dakota, Minnesota &
Eastern Railroad, FD 35081 (STB served Sept. 30, 2008), the Board
approved an application allowing Canadian Pacific Railway Company
(CP) to acquire indirect control of DM&E and DM&E's wholly owned
rail subsidiary, Iowa, Chicago & Eastern Railroad Corporation
(IC&E).
\3\ The Board is waiving the requirement that RCP&E submit an
additional 10 copies of both the Public and Highly Confidential
versions of the agreement. As noted by RCP&E, each document is
hundreds of pages long, and it would be unduly burdensome and
expensive to meet the requirement here. Moreover, RCP&E has
submitted an electronic version of each document on a disk.
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Acquired Lines.\4\ The specific lines to be acquired by RCP&E
include: (1) Huron Subdivision between Tracy, Minn., at milepost 231.5
and Huron, S.D., at milepost 362.7, a distance of 131.2 miles; (2)
Pierre Subdivision between Huron at milepost 362.7 and Ft. Pierre,
S.D., at milepost 484.4, a distance of 121.7 miles; (3) PRC Subdivision
between Ft. Pierre at milepost 484.4 and Pressler Jct., S.D., at
milepost 649.2, a distance of 164.8 miles; (4) Black Hills Subdivision
between Dakota Jct., Neb., at milepost 0.4 and Bentonite/Colony, Wyo.,
at milepost 174.7, a distance of 174.3 miles; (5) Crawford Subdivision
between Dakota Jct. at milepost 411.72 and Crawford, Neb.,
at milepost 432.5, a distance of 20.78 miles; (6) Onida
Subdivision between Onida, S.D., at milepost 97.5 and Blunt, S.D., at
milepost 115.1, a distance of 17.6 miles; (7) Mansfield Subdivision
between Redfield, S.D., at milepost 39.7 and Mansfield, S.D., at
milepost 66.9, a distance of 27.2 miles; and (8) Yale Spur \5\ between
Yale, S.D., at milepost 145.0 and Huron, S.D., at milepost 160.3, a distance of 15.3 miles.
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\4\ DM&E is the current operator of the DM&E West Lines, with
the exception of the Crawford Subdivision, which is operated by
Nebraska Northwestern Railroad, Inc., pursuant to a lease agreement
with DM&E.
\5\ The Yale Spur is subleased from the East Central Railroad
Authority, and the sublease is being assigned by DM&E.
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Notwithstanding the sale of the lines described above, DM&E would
retain the common carrier obligation with respect to the handling of
coal to, from, and over the DM&E West Lines until December 31, 2030,
and RCP&E would not assume the common carrier obligation to handle coal
shipments during that period.\6\
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\6\ The acquisition by RCP&E also does not include any of the
rights of DM&E or its affiliates to build into the Powder River
Basin. See Wyo. Dakota R.R. Prop.--Acquis. & Oper. Exemption--
Dakota, Minn. & E. R.R., FD 34871 (STB served Aug. 14, 2006).
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Incidental Trackage Rights. The specific incidental trackage rights
that RCP&E will acquire are over lines: (1) owned and operated by DM&E
between Tracy at milepost 231.5 and Mankato, Minn., at milepost 142.4,
a distance of 89.1 miles; (2) operated by BNSF Railway Company (BNSF),
being assigned to RCP&E by DM&E, as successor to Chicago and
Northwestern Transportation Company between Wolsey, S.D., at milepost
70.50 and Aberdeen, S.D., at milepost 777.04, a distance of 72.04
miles; and (3) owned and operated by BNSF, being assigned to RCP&E by
DM&E between Yale at milepost 148.5 and Watertown, S.D., at milepost
90.72, and yard trackage at Huron at milepost 160.33 to the end of
track, a distance of 58.65 miles.\7\
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\7\ Additionally, RCP&E would grant DM&E trackage rights between
Tracy and Wolsey to allow DM&E to continue to handle overhead grain
trains in conjunction with BNSF that are operating today between
Florence, Minn., and points on DM&E beyond Tracy, and to handle non-
revenue ballast trains, including the right to interchange such
trains with BNSF at Wolsey. DM&E is expected to file a separate
notice of exemption with the Board for trackage rights granted by
RCP&E to DM&E.
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RCP&E certifies that the proposed transaction involves an
interchange commitment. As part of the transaction, RCP&E will be
acquiring DM&E's ``Colony Line.'' RCP&E will be assuming certain
interchange rights and obligations arising under the existing
agreements that were executed when DM&E acquired the Colony Line from
Union Pacific Railroad Company in 1996. Among those assumed obligations
will be certain obligations under the existing Colony Line Car Supply,
Services, and Divisions Agreement (CSSDA) for the remainder of the term
[[Page 17235]]
of the CSSDA. As required under 49 CFR 1150.33(h)(1), RCP&E provided
additional information concerning the interchange commitment.\8\
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\8\ See Verified Notice of Exemption 7-8.
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This transaction is related to a concurrently filed verified notice
of exemption in Genesee & Wyoming Inc.--Continuance in Control
Exemption--Rapid City, Pierre & Eastern Railroad, Inc., Docket No. FD
35800, wherein GWI seeks Board approval under 49 CFR 1180.2(d)(2) to
continue in control of RCP&E, upon RCP&E's becoming a Class II rail
carrier.\9\
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\9\ The DM&E West Lines also are the subject of an ongoing
proceeding before the Board. In that proceeding, the State of South
Dakota, by and through its Department of Transportation (State),
filed a petition asking the Board to enforce three representations
allegedly made by CP during the 2008 acquisition-of-control
proceeding regarding investments that CP would make in DM&E and IC&E
(collectively in that proceeding, DME). The Board issued decisions
allowing the State to engage in discovery concerning those claims
and setting a procedural schedule. See Canadian Pac. Ry.--Control--
Dakota, Minn. & E. R.R., FD 35081 (Sub-No. 2) (STB served Dec. 20,
2013, and Mar. 10, 2014). Discovery remains ongoing in that
proceeding.
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The earliest the transaction could be consummated is April 25,
2014, the effective date of the exemption (45 days after the exemption
was filed).\10\ The parties expect to consummate the transaction
shortly after the exemption becomes effective, assuming all other
conditions to closing have been satisfied by that time.
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\10\ See 49 CFR 1150.35(e).
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If the notice 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 would not automatically stay the effectiveness of the exemption.
Petitions for stay must be filed no later than April 11, 2014, which is
14 days before the exemption could become effective.\11\
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\11\ See 49 CFR 1150.35(f).
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An original and 10 copies of all pleadings, referring to Docket No.
FD 35799 must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, one copy of each
pleading must be served on Eric M. Hocky, Clark Hill PLC, One Commerce
Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19103.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: March 24, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clerance Clerk.
[FR Doc. 2014-06820 Filed 3-26-14; 8:45 am]
BILLING CODE 4915-01-P