[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17283-17284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9095]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33326]
I&M Rail Link, LLC; Acquisition and Operation Exemption; Certain
Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway
I&M Rail Link, LLC (I&M), a noncarrier, has filed a verified notice
of exemption under 49 CFR 1150.31 and 1150.35 to acquire from Soo Line
Railroad Company, d/b/a Canadian Pacific Railway (CPR), and operate
approximately 1,109 miles of rail line and 262 miles of trackage rights
in Iowa, Illinois, Minnesota, Missouri, Wisconsin, and Kansas. I&M will
become a Class II rail carrier.\1\
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\1\ This proceeding is related to STB Finance Docket No. 33327,
wherein Dennis Washington, William H. Brodsky, Mort Lowenthal, Dorn
Parkinson, J. Fred Simpson, and Thomas J. Walsh have filed a notice
of exemption to continue in control of I&M upon I&M's becoming a
Class II rail carrier.
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The system to be acquired consists of: (1) CPR's ``KC Mainline''
between Kansas City, MO, and Pingree Grove, IL, including trackage
rights between Pingree Grove and Chicago, IL; and (2) CPR's ``Corn
Lines'' between Sabula and Sheldon, IA, including branch lines and
trackage rights in southern Minnesota. 2
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\2\ I&M indicates that, to the extent the assumption by I&M of
any of these trackage rights requires the consent of third parties,
I&M will take appropriate steps to obtain such consent.
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The KC Mainline. The KC Mainline runs from Kansas City, MO (MP
499.2),3 northeasterly through Missouri and Iowa to a junction
near Sabula, IA (MP 141.6), at the Iowa-Illinois border,\4\ including
branch lines from Davenport, IA (MP 0.0), to Eldridge, IA (MP 9.7) (the
Eldridge Branch), and from Davenport, IA (MP 0.0) to Albany, IL (MP
35.0) (the Nitrin Branch); \5\ and then from the junction near Sabula,
IA (MP 141.6), easterly across northern Illinois to Pingree Grove, IL
(MP 41.9), including a branch line from Davis Jct., IL (MP 0.0), to
Rockford, IL (MP 12.9), and then beyond to Janesville, WI (MP 45.8)
(the Janesville Branch).\6\
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\3\ Operations into and out of Kansas City are via: a paired
track agreement with the Union Pacific Railroad Company (UP) from
Polo, MO (MP 456.7) to Birmingham, MO (MP 494.5); a joint track
agreement with UP from Birmingham, MO (MP 494.5) to Airline Jct., MO
(MP 499.2); and beyond for approximately 0.13 miles to Sheffield,
MO, on a segment owned jointly by CPR and the Kansas City Southern
Railway Company (KCS).
\4\ Operation on the mainline at Clinton, IA, will require
assumption of CPR's trackage rights through the UP interlocking at
approximately MP 158.4.
\5\ Over the Nitrin Branch, which is owned by The Burlington
Northern and Santa Fe Railway Company (BNSF), I&M will acquire
incidental trackage rights through an assignment of rights from CPR.
\6\ Over the segment of the Janesville Branch that lies between
Davis Jct. and Rockford (the Rockford Segment), which segment is
owned by BNSF, I&M will acquire incidental trackage rights through
an assignment of rights from CPR.
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The Corn Lines. The Corn Lines run from the junction near Sabula,
IA (MP 141.6), north-northwesterly, approximately following Iowa's
eastern border, to a junction near Marquette, IA (MP 98.0),7 and
then northerly into Minnesota to La Crescent, MN (MP 160.1); from the
junction near Marquette (MP 0.0), westerly across northern Iowa to a
junction at Mason City, IA (MP 116.7),\8\ and continuing westerly to
Sheldon, IA (MP 253.4); from the junction near Mason City northerly
into Minnesota to a junction near Comus, MN (MP 123.8); and from a
junction near Ramsey, MN (MP 43.0), westerly across southern Minnesota
to Jackson, MN (MP 149.4),9 including a branch line from Wells, MN
(MP 0.0), to Minnesota Lake, MN (MP 9.0).
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\7\ Operation on the ``Dubuque Segment'' through Dubuque, IA,
will involve the assumption by I&M of CPR's rights to operate on 1.7
miles of the former Chicago, Central & Pacific Railroad Company.
\8\ I&M will assume CPR's trackage rights agreement for
operation on the Iowa Northern Railway Company (IANR) from Plymouth
Jct., IA (IANR MP 219.5), to Nora Springs, IA (IANR MP 210.7) (the
Nora Springs Segment).
\9\ Operation from Fairmont, MN (MP 182.97), to Welcome, MN (MP
190.28) will be by assumption of CPR's trackage rights on UP (the
Welcome Segment).
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Additional Incidental Trackage Rights. I&M will also acquire from
CPR additional incidental trackage rights: (i) For certain traffic over
34.9 miles of rail line from the end of CPR's line at Pingree Grove,
IL, over certain lines owned by the Commuter Rail Division of the
Regional Transportation Authority (METRA), to a connection with the
Belt Railway Company of Chicago at Cragin Jct. (MP 7.0) in the Chicago
Terminal; (ii) for overhead traffic over 125.8 miles of rail line owned
by CPR, part of which is owned in common with BNSF, from River Jct.,
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MN (MP 288.0), to St. Paul, MN (MP 407.4), and for overhead traffic
from Comus, MN (MP 123.8), to Rosemount, MN (MP 150.7); and (iii) over
78.2 miles of rail line owned by the Kansas City Terminal Railroad
(KCT).10
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\10\ I&M also will acquire CPR's minority interest (8.33%) in
the common stock of KCT, and will thereby acquire certain rights and
obligations attendant thereto, including the right to operate on the
78.2 miles of rail line owned by KCT. I&M also will acquire all of
the rights, privileges, benefits, and obligations of CPR in that
certain contract between KCS and predecessors of CPR, dated May 1,
1942, including any real estate owned by CPR in Kansas or in the
metropolitan area of Kansas City, MO, together with any
appurtenances and fixtures of CPR located thereon and affixed
thereto, other than certain excluded assets.
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Pursuant to a decision of the Board served April 2, 1997, the
proposed transaction may be consummated on or after April 4, 1997. I&M
intends to consummate the transaction as soon as practicable.
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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33326, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, one copy of each pleading must
be served on Mark H. Sidman, Esq., Weiner, Brodsky, Sidman & Kider,
P.C., 1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.
Decided: April 3, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-9095 Filed 4-8-97; 8:45 am]
BILLING CODE 4915-00-P