[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42892-42893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12098]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34904]


Dakota, Missouri Valley and Western Railroad, Inc.--Lease and 
Operation Exemption--Soo Line Railroad Company

    Dakota, Missouri Valley and Western Railroad, Inc. (DMVW), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CR 
1150.41, et seq., to extend, renew and supplement the arrangement 
governing its lease and operation of certain lines of railroad owned by 
Soo Line Railroad Company, d/b/a Canadian Pacific Railway Company (CPR) 
and currently operated by DMVW. These lines run between Hankinson, ND, 
and Moffit, ND; Bismarck, ND and Max, ND; and Flaxton, ND and 
Whitetail, MT. Specifically, DMVW will continue to lease and operate: 
(1) Between approximately milepost 205.96 in Hankinson and 
approximately milepost 391.38 near Moffit; (2) between approximately 
mileposts 391.27 and 393.33 at Moffit; (3) between approximately 
milepost 560.5 in Bismarck and approximately mileposts 467.61 and 
467.06 on the legs of the wye in Max; (4) between approximately 
milepost 541.0 at Flaxton and approximately milepost 549.64 at Rival, 
ND; (5) between approximately milepost 582.3 at Crosby, ND, and 
approximately milepost 676.83 at Whitetail, (6) between approximately 
mileposts 581.19 and 582.35 near Crosby; and (7) between approximately 
mileposts 557.68 and 558.31 at Columbus, ND (collectively, the Subject 
Lines), a total distance of approximately 386 miles of rail line.
    DMVW currently operates the Subject Lines pursuant to a lease 
agreement with CPR. DMVW and CPR have agreed to enter into a Renewed 
Lease Agreement that will extend the terms of DMVW's lease and 
operation of the Subject Lines through June 30, 2026,

[[Page 42893]]

and will amend and supplement certain other terms and conditions of the 
lease arrangement between DMVW and CPR.
    DMVW will continue to retain the following trackage rights that it 
acquired by assignment from CPR in 1990: (1) CPR's trackage rights over 
the line of railroad owned jointly by CPR and the BNSF Railway Company 
(BNSF) between approximately milepost 549.64 at Rival and milepost 
582.3 at Crosby, which allows DMVW to operate between the Flaxton-Rival 
and Crosby-Whitetail segments that it leases from CPR; (2) CPR's 
trackage rights over the short branch line owned jointly by CPR and 
BNSF that connects the Flaxton-Whitetail main line with the short CPR 
track at Columbus, ND; and (3) CPR's trackage rights over the line of 
railroad owned by BNSF between McKenzie, ND and Bismarck, which enables 
DMVW to connect its operations on the Bismarck-Max segment with its 
operations on the Moffit-Hankinson segment via the line of railroad 
owned by DMVW between McKenzie and Moffit.
    DMVW certifies that its projected revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier.
    DMVW indicates that the parties intend to consummate the 
transaction on or soon after the date this exemption becomes effective 
in recognition of the fact that the date of effectiveness depends on 
whether a related petition for waiver is granted.\1\
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    \1\ In a decision in this proceeding served on July 24, 2006, 
the Board granted a request by DMVW for waiver of the 60-day advance 
labor notice requirement of 49 CFR 1150.42(e). The exemption became 
effective on the service date of that decision.
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    If the verified 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. 34904, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Edward J. Fishman, 1601 K 
Street, NW., Washington, DC 20006-1600.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

    Decided: July 24, 2006.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-12098 Filed 7-27-06; 8:45 am]
BILLING CODE 4915-01-P