Canadian Pacific Railway Company, et al.-Control-Dakota, Minnesota & Eastern Railroad Corp., et al., 67630-67631 [E7-23146]

Download as PDF 67630 Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices applicants’ less than thorough treatment of how their consolidation would impact other carriers, I do not believe applicants have satisfied the standards necessary for the Board to categorize this transaction as ‘‘minor.’’ I recognize that the substantive standard for Board approval of ‘‘significant’’ and ‘‘minor’’ transactions is the same under 49 U.S.C. 11324(d). However, a ‘‘significant’’ categorization would have allowed interested parties and the Board to take advantage of the additional procedural safeguards provided by 49 U.S.C. 11325(c). I have long been concerned about why the agency’s categorization of consolidation transactions includes virtually no ‘‘significant’’ transactions, and only one since the early 1990’s. The current standards for determining whether a consolidation transaction is ‘‘significant’’ or ‘‘minor’’ were adopted at a time when many more Class I carriers existed than do today, when the railroad industry was in a different financial posture than it is in today, and when the agency was viewed as an impediment to economic recovery of the industry. That is no longer the environment in which we consider the merits of transactions such as this. As a result, I would have preferred we handle this transaction 20 as a ‘‘significant’’ one.21 APPENDIX A: PROCEDURAL SCHEDULE October 3, 2007 ................. October 22, 2007 ............... October 30, 2007 ............... November 29, 2007 ............ December 13, 2007 ............ January 28, 2008 ............... March 13, 2008 .................. TBD .................................... TBD 20 ................................. TBD 21 ................................. Motion for Protective Order filed. Protective Order issued. Primary Application, Related Filings, and Motion to Establish Procedural Schedule filed. Board notice of acceptance of application published in the Federal Register. Notices of intent to participate in this proceeding due. All comments, protests, requests for conditions, and any other evidence and argument in opposition to the primary application or related filings, including filings of DOJ and DOT, due. Responses to comments, protests, requests for conditions, and other opposition due. Rebuttal in support of the primary application or related filings due. A public hearing or oral argument may be held. Date by which a final decision will be served. Date by which a final decision will become effective. [FR Doc. E7–23151 Filed 11–28–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35081] Canadian Pacific Railway Company, et al.—Control—Dakota, Minnesota & Eastern Railroad Corp., et al. Written comments on the Board’s proposed procedural schedule must be filed by December 10, 2007. DATES: the following: (1) Terence M. Hynes (representing CPRC), Sidley Austin LLP, 1501 K Street, NW., Washington, DC 20005; and (2) William C. Sippel (representing DM&E), Fletcher & Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. Julia M. Farr, (202) 245–0359. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] FOR FURTHER INFORMATION CONTACT: SUMMARY: The Surface Transportation Board (Board) invites public comments on a proposed procedural schedule for this proceeding. On October 5, 2007, Canadian Pacific Railway Corporation (CPRC), Soo Line Holding Company, a Delaware Corporation and indirect subsidiary of CPRC (Soo Holding), Dakota, Minnesota & Eastern Railroad Corporation (DM&E), and Iowa, Chicago & Eastern Railroad Corporation, a wholly-owned rail subsidiary of DM&E (IC&E) (collectively referred to as the ‘‘Applicants’’) submitted a filing with the Board seeking approval under 49 U.S.C. 11321–26 of the acquisition of Any filing submitted in this proceeding must be submitted either via the Board’s e-filing format or in the traditional paper format as provided for in the Board’s rules. Any person using e-filing should attach a document and otherwise comply with the instructions found on the Board’s Web site at http://www.stb.dot.gov at the ‘‘EFILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 10 paper copies of the filing (and also an electronic version) to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, one copy of each filing in this proceeding must be sent (and may be sent by e-mail only if service by e-mail is acceptable to the recipient) to each of On November 13, 2007, Applicants filed a petition to establish a revised procedural schedule as directed by the Board in Decision No. 2. The Board now seeks public comments on a procedural schedule that is the same as the Applicants’ proposed procedural schedule, except that the record would close with the filing of briefs on July 2, 2008, and that the Board’s proposed procedural schedule would provide for a possible oral argument or public hearing to be held on a date in June 2008 to be determined by the Board. Applicants had proposed closing the record on June 16, 2008, with the filing of briefs, and to hold open the possibility of scheduling a public hearing or oral argument after that date. The Board’s proposed procedural schedule would instead allow the full 180 days for development of the record, 20 Under 49 U.S.C. 11325(d)(2), a final decision would be issued by April 25, 2008; however, the Board also is required to accommodate NEPA in its decisionmaking. Therefore, a final decision here will be issued as soon as possible after completion of the EIS process. 21 The final decision will become effective 30 days after it is served. 1 In Decision No. 2, the Board found that the transaction contemplated by the Applicants is a significant transaction, as defined at 49 CFR 1180.2(b). AGENCY: Surface Transportation Board, DOT. Decision No. 3 in STB Finance Docket No. 35081; notice of proposed procedural schedule and request for comments. ACTION: rmajette on PROD1PC64 with NOTICES control of DM&E and IC&E by Soo Holding (and, indirectly, by CPRC). In Decision No. 2, served on November 2, 2007, and published in the Federal Register at 72 FR 63232–36 on November 8, 2007, the Board accepted the October 5 submission as a prefiling notification, thus allowing the Applicants to perfect their application, and provide any supplemental materials or information, on or after December 5, 2007.1 VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 ADDRESSES: PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices with any public hearing or oral argument scheduled before the record December 5, 2007 .............. January 4, 2008 .................. January 25, 2008 ................ March 4, 2008 .................... April 18, 2008 .................... May 19, 2008 ..................... TBD .................................... July 2, 2008 ........................ September 30, 2008 ........... October 30, 2008 ............... closes with the filing of briefs on July 2, 2008. Decided: November 23, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. E7–23146 Filed 11–28–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request November 20, 2007. rmajette on PROD1PC64 with NOTICES The proposed procedural schedule is as follows: Application due. Board notice of acceptance of application to be published in the Federal Register. Notices of intent to participate in this proceeding due. Descriptions of anticipated responsive, including inconsistent, applications due. Petitions for waiver or clarification with respect to such applications due. Comments, protests, requests for conditions, and any other evidence and argument in opposition to the Application, including filings from U.S. Department of Justice (DOJ) and U.S. Department of Transportation (DOT) due. Responsive, including inconsistent, applications due. Responses to comments, protests, requests for conditions, other opposition, including DOJ and DOT filings, and responsive, including inconsistent, applications due. Rebuttal in support of the Application due. Rebuttal in support of inconsistent and other responsive applications due. A public hearing or oral argument may be held in June. All briefs due. Service date of final decision. Effective date of final decision. We invite all interested persons to submit written comments on the procedural schedule proposed. Comments must be filed by December 10, 2007. In addition, please be advised that these proposed dates are subject to change depending on the Board’s environmental review process. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before December 31, 2007 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545–2073. VerDate Aug<31>2005 67631 14:52 Nov 28, 2007 Jkt 211001 Type of Review: Extension. Title: Revenue Procedure 2007–37, Substitute Mortality Tables for single Employer Defined Benefit Plans. Description: This revenue procedure describes the process for obtaining a letter ruling as to the acceptability of substitute mortality tables under section 430(h)(3)(C) of the Code. Respondents: Farms, and not-forprofit institutions. Estimated Total Burden Hours: 25,400 hours. OMB Number: 1545–1897. Type of Review: Extension . Title: TD 9145 (Final and Temporary) Entry of Taxable Fuel. Description: The regulation imposes joint and several liability on the importer of record for the tax imposed on the entry of taxable fuel into the U.S. and revises definition of ‘‘enterer’’. Respondents: Businesses and other for-profit institutions. Estimated Total Burden Hours: 281 hours. OMB Number: 1545–2076. Type of Review: Extension. Title: Capital Costs Incurred to Comply With EPA Sulfur Regulations. Description: This temporary regulation provides rules for claiming the deduction allowable under section 179B of the Internal Revenue Code for qualified capital costs paid or incurred by a small business refiner. The temporary regulations provide the time and manner for: (i) A small business refiner to make the election to claim this deduction for the taxable year; and (ii) a cooperative small business refiner to make the election to allocate its deduction allowable under section 179B for the taxable year to the cooperative owners and to provide the written notice, as required by section 179B(e)(3), to the cooperative owners. Respondents: Businesses and other for-profits. Estimated Total Burden Hours: 50 hours. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 OMB Number: 1545–2074. Type of Review: Extension. Title: The revenue procedure informs small business refiners how to obtain the certification required under section 45H(f) of the Internal Revenue Code. Description: These regulations provide rules implementing the provisions of the Unemployment Compensation Amendments (Pub. L. 102–318) requiring 20 percent income tax withholding upon certain distributions from qualified pension plans or tax-sheltered annuities. Respondents: Businesses and other for-profit institutions. Estimated Total Burden Hours: 75 hours. OMB Number: 1545–1895. Type of Review: Extension. Title: Revenue Procedure 2004–46, Relief from Late GST Allocation. Description: This revenue procedure provides guidance to certain taxpayers in order to obtain an automatic extension of time to make an allocation of the generation-skipping transfer tax exemption. Rather than requesting a private letter ruling, the taxpayer may file certain documents directly with the Cincinnati Service Center to obtain relief. Respondents: Individuals or households. Estimated Total Burden Hours: 350 hours. OMB Number: 1545–1885. Type of Review: Extension. Title: Announcement 2004–46, Son of Boss Settlement Initiative. Description: The collected information is required to apply the terms of the settlement set forth in the announcement. The information will be used to determine whether the taxpayer has reported the disclosed item property for income tax purposes. Respondents: Businesses or other forprofit institutions. Estimated Total Burden Hours: 5,000 hours. E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 72, Number 229 (Thursday, November 29, 2007)]
[Notices]
[Pages 67630-67631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23146]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35081]


Canadian Pacific Railway Company, et al.--Control--Dakota, 
Minnesota & Eastern Railroad Corp., et al.

AGENCY: Surface Transportation Board, DOT.

ACTION: Decision No. 3 in STB Finance Docket No. 35081; notice of 
proposed procedural schedule and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (Board) invites public 
comments on a proposed procedural schedule for this proceeding. On 
October 5, 2007, Canadian Pacific Railway Corporation (CPRC), Soo Line 
Holding Company, a Delaware Corporation and indirect subsidiary of CPRC 
(Soo Holding), Dakota, Minnesota & Eastern Railroad Corporation (DM&E), 
and Iowa, Chicago & Eastern Railroad Corporation, a wholly-owned rail 
subsidiary of DM&E (IC&E) (collectively referred to as the 
``Applicants'') submitted a filing with the Board seeking approval 
under 49 U.S.C. 11321-26 of the acquisition of control of DM&E and IC&E 
by Soo Holding (and, indirectly, by CPRC). In Decision No. 2, served on 
November 2, 2007, and published in the Federal Register at 72 FR 63232-
36 on November 8, 2007, the Board accepted the October 5 submission as 
a prefiling notification, thus allowing the Applicants to perfect their 
application, and provide any supplemental materials or information, on 
or after December 5, 2007.\1\
---------------------------------------------------------------------------

    \1\ In Decision No. 2, the Board found that the transaction 
contemplated by the Applicants is a significant transaction, as 
defined at 49 CFR 1180.2(b).

DATES: Written comments on the Board's proposed procedural schedule 
---------------------------------------------------------------------------
must be filed by December 10, 2007.

ADDRESSES: Any filing submitted in this proceeding must be submitted 
either via the Board's e-filing format or in the traditional paper 
format as provided for in the Board's rules. Any person using e-filing 
should attach a document and otherwise comply with the instructions 
found on the Board's Web site at http://www.stb.dot.gov at the ``E-
FILING'' link. Any person submitting a filing in the traditional paper 
format should send an original and 10 paper copies of the filing (and 
also an electronic version) to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
filing in this proceeding must be sent (and may be sent by e-mail only 
if service by e-mail is acceptable to the recipient) to each of the 
following: (1) Terence M. Hynes (representing CPRC), Sidley Austin LLP, 
1501 K Street, NW., Washington, DC 20005; and (2) William C. Sippel 
(representing DM&E), Fletcher & Sippel, 29 North Wacker Drive, Suite 
920, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 245-0359. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: On November 13, 2007, Applicants filed a 
petition to establish a revised procedural schedule as directed by the 
Board in Decision No. 2. The Board now seeks public comments on a 
procedural schedule that is the same as the Applicants' proposed 
procedural schedule, except that the record would close with the filing 
of briefs on July 2, 2008, and that the Board's proposed procedural 
schedule would provide for a possible oral argument or public hearing 
to be held on a date in June 2008 to be determined by the Board. 
Applicants had proposed closing the record on June 16, 2008, with the 
filing of briefs, and to hold open the possibility of scheduling a 
public hearing or oral argument after that date. The Board's proposed 
procedural schedule would instead allow the full 180 days for 
development of the record,

[[Page 67631]]

with any public hearing or oral argument scheduled before the record 
closes with the filing of briefs on July 2, 2008.
    The proposed procedural schedule is as follows:

December 5, 2007..........................  Application due.
January 4, 2008...........................  Board notice of acceptance
                                             of application to be
                                             published in the Federal
                                             Register.
January 25, 2008..........................  Notices of intent to
                                             participate in this
                                             proceeding due.
                                             Descriptions of anticipated
                                             responsive, including
                                             inconsistent, applications
                                             due. Petitions for waiver
                                             or clarification with
                                             respect to such
                                             applications due.
March 4, 2008.............................  Comments, protests, requests
                                             for conditions, and any
                                             other evidence and argument
                                             in opposition to the
                                             Application, including
                                             filings from U.S.
                                             Department of Justice (DOJ)
                                             and U.S. Department of
                                             Transportation (DOT) due.
                                             Responsive, including
                                             inconsistent, applications
                                             due.
April 18, 2008............................  Responses to comments,
                                             protests, requests for
                                             conditions, other
                                             opposition, including DOJ
                                             and DOT filings, and
                                             responsive, including
                                             inconsistent, applications
                                             due. Rebuttal in support of
                                             the Application due.
May 19, 2008..............................  Rebuttal in support of
                                             inconsistent and other
                                             responsive applications
                                             due.
TBD.......................................  A public hearing or oral
                                             argument may be held in
                                             June.
July 2, 2008..............................  All briefs due.
September 30, 2008........................  Service date of final
                                             decision.
October 30, 2008..........................  Effective date of final
                                             decision.
 

    We invite all interested persons to submit written comments on the 
procedural schedule proposed. Comments must be filed by December 10, 
2007. In addition, please be advised that these proposed dates are 
subject to change depending on the Board's environmental review 
process.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: November 23, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7-23146 Filed 11-28-07; 8:45 am]
BILLING CODE 4915-01-P