[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Page 26806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10714]



[[Page 26806]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35818]


Dakota, Minnesota & Eastern Railroad Corporation--Trackage Rights 
Exemption--Rapid City, Pierre & Eastern Railroad, Inc.

    Rapid City, Pierre & Eastern Railroad, Inc. (RCP&E), pursuant to a 
written trackage rights agreement, has agreed to grant overhead 
trackage rights to Dakota, Minnesota & Eastern Railroad Corporation d/
b/a Canadian Pacific (DM&E) \1\ between milepost 231.5+/- near Tracy, 
Minn., and milepost 378.4+/- near Wolsey, S.D., a distance of 
approximately 146.9 miles.\2\
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    \1\ 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 to 
acquire indirect control of DM&E and DM&E's wholly owned rail 
subsidiary, Iowa, Chicago & Eastern Railroad Corporation.
    \2\ A redacted and unexecuted trackage rights agreement between 
RCP&E and DM&E was filed with the notice of exemption. An unredacted 
version was filed under seal along with a motion for protective 
order, which will be addressed in a separate decision.
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    Recently, RCP&E received authority to acquire from DM&E and to 
operate 670 miles of rail lines. See Rapid City, Pierre & E.R.R.--
Acquis. and Oper. Exemption Including Interchange Commitment--Dakota, 
Minn. & E.R.R., FD 35799 (STB served Mar. 27, 2014).\3\ The purpose of 
this verified notice of exemption is to allow DM&E: (1) To continue to 
handle overhead grain trains in conjunction with BNSF Railway Company 
(BNSF) that are currently operating between Florence, Minn., and points 
on DM&E beyond Tracy; and (2) to handle non-revenue ballast trains, 
including the right to interchange those trains with BNSF or other 
carriers at Wolsey.
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    \3\ Recently, the Board received petitions seeking to revoke 
this exemption. The Board will address the petitions to revoke the 
exemption in a subsequent decision.
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    This transaction is proposed to be consummated on or after May 25, 
2014, the effective date of the exemption (30 days after the exemption 
was filed), and after the consummation of the acquisition of the lines 
by RCP&E in Docket No. FD 35799.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed 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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 will not 
automatically stay the effectiveness of the exemption. Petitions for 
stay must be filed by May 16, 2014 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35818, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on W. Karl Hansen, Stinson Leonard Street LLP, 
150 South Fifth Street, Suite 2300, Minneapolis, MN 55402.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: May 6, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-10714 Filed 5-8-14; 8:45 am]
BILLING CODE 4915-01-P