|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION--TRACKAGE RIGHTS EXEMPTION--SOO LINE RAILROAD COMPANY|
|Notice Of Exemption|
|Director Of Proceedings|
|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.|
| 79 KB|
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|Full Text of Decision|
43857 SERVICE DATE – JUNE 26, 2014
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.
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.
 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.