[Federal Register Volume 72, Number 229 (Thursday, November 29, 2007)]
[Notices]
[Pages 67630-67631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23146]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35081]


Canadian Pacific Railway Company, et al.--Control--Dakota, 
Minnesota & Eastern Railroad Corp., et al.

AGENCY: Surface Transportation Board, DOT.

ACTION: Decision No. 3 in STB Finance Docket No. 35081; notice of 
proposed procedural schedule and request for comments.

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SUMMARY: The Surface Transportation Board (Board) invites public 
comments on a proposed procedural schedule for this proceeding. On 
October 5, 2007, Canadian Pacific Railway Corporation (CPRC), Soo Line 
Holding Company, a Delaware Corporation and indirect subsidiary of CPRC 
(Soo Holding), Dakota, Minnesota & Eastern Railroad Corporation (DM&E), 
and Iowa, Chicago & Eastern Railroad Corporation, a wholly-owned rail 
subsidiary of DM&E (IC&E) (collectively referred to as the 
``Applicants'') submitted a filing with the Board seeking approval 
under 49 U.S.C. 11321-26 of the acquisition of control of DM&E and IC&E 
by Soo Holding (and, indirectly, by CPRC). In Decision No. 2, served on 
November 2, 2007, and published in the Federal Register at 72 FR 63232-
36 on November 8, 2007, the Board accepted the October 5 submission as 
a prefiling notification, thus allowing the Applicants to perfect their 
application, and provide any supplemental materials or information, on 
or after December 5, 2007.\1\
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    \1\ In Decision No. 2, the Board found that the transaction 
contemplated by the Applicants is a significant transaction, as 
defined at 49 CFR 1180.2(b).

DATES: Written comments on the Board's proposed procedural schedule 
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must be filed by December 10, 2007.

ADDRESSES: Any filing submitted in this proceeding must be submitted 
either via the Board's e-filing format or in the traditional paper 
format as provided for in the Board's rules. Any person using e-filing 
should attach a document and otherwise comply with the instructions 
found on the Board's Web site at http://www.stb.dot.gov at the ``E-
FILING'' link. Any person submitting a filing in the traditional paper 
format should send an original and 10 paper copies of the filing (and 
also an electronic version) to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
filing in this proceeding must be sent (and may be sent by e-mail only 
if service by e-mail is acceptable to the recipient) to each of the 
following: (1) Terence M. Hynes (representing CPRC), Sidley Austin LLP, 
1501 K Street, NW., Washington, DC 20005; and (2) William C. Sippel 
(representing DM&E), Fletcher & Sippel, 29 North Wacker Drive, Suite 
920, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 245-0359. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: On November 13, 2007, Applicants filed a 
petition to establish a revised procedural schedule as directed by the 
Board in Decision No. 2. The Board now seeks public comments on a 
procedural schedule that is the same as the Applicants' proposed 
procedural schedule, except that the record would close with the filing 
of briefs on July 2, 2008, and that the Board's proposed procedural 
schedule would provide for a possible oral argument or public hearing 
to be held on a date in June 2008 to be determined by the Board. 
Applicants had proposed closing the record on June 16, 2008, with the 
filing of briefs, and to hold open the possibility of scheduling a 
public hearing or oral argument after that date. The Board's proposed 
procedural schedule would instead allow the full 180 days for 
development of the record,

[[Page 67631]]

with any public hearing or oral argument scheduled before the record 
closes with the filing of briefs on July 2, 2008.
    The proposed procedural schedule is as follows:

December 5, 2007..........................  Application due.
January 4, 2008...........................  Board notice of acceptance
                                             of application to be
                                             published in the Federal
                                             Register.
January 25, 2008..........................  Notices of intent to
                                             participate in this
                                             proceeding due.
                                             Descriptions of anticipated
                                             responsive, including
                                             inconsistent, applications
                                             due. Petitions for waiver
                                             or clarification with
                                             respect to such
                                             applications due.
March 4, 2008.............................  Comments, protests, requests
                                             for conditions, and any
                                             other evidence and argument
                                             in opposition to the
                                             Application, including
                                             filings from U.S.
                                             Department of Justice (DOJ)
                                             and U.S. Department of
                                             Transportation (DOT) due.
                                             Responsive, including
                                             inconsistent, applications
                                             due.
April 18, 2008............................  Responses to comments,
                                             protests, requests for
                                             conditions, other
                                             opposition, including DOJ
                                             and DOT filings, and
                                             responsive, including
                                             inconsistent, applications
                                             due. Rebuttal in support of
                                             the Application due.
May 19, 2008..............................  Rebuttal in support of
                                             inconsistent and other
                                             responsive applications
                                             due.
TBD.......................................  A public hearing or oral
                                             argument may be held in
                                             June.
July 2, 2008..............................  All briefs due.
September 30, 2008........................  Service date of final
                                             decision.
October 30, 2008..........................  Effective date of final
                                             decision.
 

    We invite all interested persons to submit written comments on the 
procedural schedule proposed. Comments must be filed by December 10, 
2007. In addition, please be advised that these proposed dates are 
subject to change depending on the Board's environmental review 
process.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: November 23, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7-23146 Filed 11-28-07; 8:45 am]
BILLING CODE 4915-01-P