Rapid City, Pierre & Eastern Railroad, Inc.-Acquisition and Operation Exemption Including Interchange Commitment-Dakota, Minnesota & Eastern Railroad Corporation, 17234-17235 [2014-06820]

Download as PDF 17234 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 7, 2014. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 16, 2014, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to IAIS’s representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. If the verified notice contains false or misleading information, the exemption is void ab initio. IAIS has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by April 1, 2014. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877– 8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), IAIS shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by IAIS’s filing of a notice of consummation by March 27, 2015, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at www.stb.dot.gov. tkelley on DSK3SPTVN1PROD with NOTICES Decided: March 24, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2014–06774 Filed 3–26–14; 8:45 am] BILLING CODE 4915–01–P take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 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. 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 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. 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. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 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. 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 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 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 5 The Yale Spur is subleased from the East Central Railroad Authority, and the sublease is being assigned by DM&E. 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). 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. E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices of the CSSDA. As required under 49 CFR 1150.33(h)(1), RCP&E provided additional information concerning the interchange commitment.8 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 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. 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 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. 8 See Verified Notice of Exemption 7–8. 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 (SubNo. 2) (STB served Dec. 20, 2013, and Mar. 10, 2014). Discovery remains ongoing in that proceeding. 10 See 49 CFR 1150.35(e). 11 See 49 CFR 1150.35(f). tkelley on DSK3SPTVN1PROD with NOTICES 9 The VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 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 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35800] Genesee & Wyoming Inc.— Continuance in Control Exemption— Rapid City, Pierre & Eastern Railroad, Inc Genesee & Wyoming Inc. (GWI), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), to continue in control of Rapid City, Pierre & Eastern Railroad, Inc. (RCP&E), a noncarrier, together with other railroads in GWI’s corporate family, upon RCP&E’s becoming a Class II railroad. This transaction is related to a concurrently filed verified notice of exemption in Rapid City, Pierre & Eastern Railroad, Inc.—Acquisition and Operation Exemption Including Interchange Commitment—Dakota, Minnesota & Eastern Railroad Corporation, Docket No. FD 35799, wherein RCP&E seeks Board approval under 49 CFR 1150.35 to acquire from Dakota, Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific (DM&E) 1 and to operate approximately 670 miles of rail lines known as the DM&E West Lines.2 Upon consummation, RCP&E would own and operate rail lines in Nebraska, Minnesota, South Dakota, and Wyoming.3 RCP&E would also acquire approximately 219 miles of incidental 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 (CP) to acquire indirect control of DM&E and DM&E’s wholly owned rail subsidiary, Iowa, Chicago & Eastern Railroad Corporation (IC&E). 2 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 (SubNo. 2) (STB served Dec. 20, 2013, and Mar. 10, 2014). Discovery remains ongoing in that proceeding. 3 RCP&E will also be acquiring a line in Nebraska that is currently leased to and operated by Nebraska Northwestern Railroad, Inc. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 17235 trackage rights over connecting lines of DM&E and other carriers. The purpose of this verified notice of exemption is to enable GWI to continue in control of RCP&E, together with the other railroads in GWI’s corporate family, upon RCP&E’s becoming a Class II carrier. GWI points out that the transaction would allow RCP&E to take advantage of the administrative, marketing, and operational support that GWI can provide. In addition, according to GWI, as a long-term holder of short line railroads, GWI’s ownership of RCP&E should provide shippers with the comfort of stable ongoing rail service. Although this exemption could become effective on April 10, 2014 (30 days after the notice of exemption was filed), the parties do not intend to consummate this transaction until the concurrently filed notice of exemption in Docket No. FD 35799 becomes effective and all other closing conditions have been met. That exemption could become effective on April 25, 2014 (45 days after that exemption was filed).4 GWI notes that it currently controls, directly or indirectly, one Class II carrier and 100 Class III carriers operating in the United States.5 GWI represents that: (1) None of the railroads controlled by GWI would connect with the rail lines being acquired by RCP&E, or with the incidental trackage rights associated with RCP&E’s acquisition; (2) the continuance in control is not part of a series of anticipated transactions that would connect RCP&E with the rail lines of any other carriers in GWI’s corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railway— Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). 4 See 49 CFR 1150.35(e). was authorized, subject to conditions, to control RailAmerica, Inc., and its subsidiary railroads in Genesee & Wyoming Inc.—Control— RailAmerica, Inc., FD 35654 (STB served December 20, 2012). GWI provides with its notice of exemption a map showing the locations of the GWIcontrolled railroads. 5 GWI E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17234-17235]
From the Federal Register Online via the Government Printing 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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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
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