SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35834_0

Case Title:  
DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION--TRACKAGE RIGHTS EXEMPTION--SOO LINE RAILROAD COMPANY

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT SOO LINE RAILROAD COMPANY (SOO) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION D/B/A CANADIAN PACIFIC (DM&E) BETWEEN MILE POST 159.0+/- ON DM&E’S MARQUETTE SUBDIVISION AT OR IN THE VICINITY OF BLUFF, MN, OVER SOO’S TOMAH SUBDIVISION AND WATERTOWN SUBDIVISION TO THE CONNECTION SOO’S AND M&P SUBDIVISION AND OVER THE MP& SUBDIVISION TO MILE POST 7.0 AT OR IN THE VICINITY OF COLUMBIA, WI, A DISTANCE OF APPROXIMATELY 119.0 +/- MILES.

    Decision Attachments

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    Full Text of Decision

43857                                 SERVICE DATE – JUNE 26, 2014

 

DO

 

FR-4915-01-P

 

DEPARTMENT OF TRANSPORTATION

 

Surface Transportation Board

 

[Docket No. FD 35834]

 

Dakota, Minnesota & Eastern Railroad Corporation—Trackage Rights Exemption—Soo Line Railroad Company

Soo Line Railroad Company (SOO), 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) between mile post 159.0+/- on DM&E’s Marquette Subdivision at or in the vicinity of Bluff, MN, over SOO’s Tomah Subdivision and Watertown Subdivision to the connection SOO’s and M&P Subdivision and over the MP& Subdivision to mile post 7.0 at or in the vicinity of Columbia, WI, a distance of approximately 119.0 +/- miles.[1]

The transaction may be consummated on or after July 10, 2014, the effective date of the exemption (30 days after the verified notice of exemption was filed). 

According to DM&E, the purpose of the transaction is to promote the more efficient and economical movement of freight by allowing DM&E continued handling of traffic between DM&E’s Marquette Subdivision and SOO’s Tomah, Watertown, and M&P Subdivisions.

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 C.F.R. § 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 July 3, 2014 (at least 7 days before the exemption becomes effective).

An original and 10 copies of all pleadings, referring to Docket No. FD 35834, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, DC  20423-0001.  In addition, a copy of each pleading must be served on Terence M. Hynes, Sidley Austin LLP, 1501 K Street, N.W., Washington, DC 20005.

Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”

Decided:  June 23, 2014.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.

 



[1] A parallel trackage rights agreement in which SOO would acquire trackage rights over DM&E’s Marquette Subdivision is subject of the Verified Notice of Exemption being filed concurrently in Docket No. FD 35833.