[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Page 26459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12720]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-337 (Sub-No. 6X)]


Dakota, Minnesota & Eastern Railroad Corporation-Discontinuance 
of Trackage Rights Exemption-in Worth and Cerro Gordo Counties, IA, and 
Freeborn County, MN

    Dakota, Minnesota & Eastern Railroad Corporation (DM&E) \1\ has 
filed a verified notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances of Service to discontinue 
overhead trackage rights over approximately 48.2 miles of Union Pacific 
Railroad Company (UP) rail lines extending from milepost 107.0 at 
Hartland, MN, to milepost 119.4 at Albert Lea, MN, and from milepost 
251.6 at Albert Lea to milepost 192.8 at Mason City, IA, (the Hartland-
Mason City Line), in Freeborn County, MN, and Worth and Cerro Gordo 
Counties, IA.\2\ The line traverses United States Postal Service Zip 
Codes 56042, 56007, 56036, 50459, 50448, 50456 and 50401.
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    \1\ DM&E is a wholly owned, indirect subsidiary of Canadian 
Pacific Railway Company and is a Class II rail carrier.
    \2\ DM&E acquired these overhead trackage rights from UP's 
predecessor, the Chicago and North Western Transportation Company. 
See Dakota, Minnesota & Eastern Railroad Corporation--Acquisition 
and Operation Exemption--Chicago and North Western Transportation, 
Finance Docket No. 30889 (ICC served Sept. 8, 1986).
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    DM&E has certified that: (1) no local traffic has moved via its 
trackage rights over the line for at least 2 years; (2) any DM&E 
overhead traffic can be rerouted over other lines; (3) no formal 
complaint filed by a user of DM&E rail service on the line (or by a 
State or local government entity acting on behalf of such user) 
regarding cessation of service over the line either is pending with the 
Board or with any U.S. District Court or has been decided in favor of 
complainant within the 2-year period; and (4) the requirements at 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on July 2, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \3\ must be filed by June 12, 2009.\4\ Petitions 
to reopen must be filed by June 22, 2009, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to 
DM&E's representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 26, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-12720 Filed 6-1-09; 8:45 am]
BILLING CODE 4915-01-P