[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 58072-58073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27055]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35045 (Sub-No. 1)]


Duluth, Winnipeg and Pacific Railway Company--Trackage Rights 
Exemption--Duluth, Missabe and Iron Range Railway Company

    Pursuant to a written trackage rights amendment agreement,\1\ 
Duluth, Missabe and Iron Range Railway Company (DMIR) has agreed to 
amend and extend the existing overhead trackage rights previously 
granted to Duluth, Winnipeg and Pacific Railway Company (DWP).\2\ 
According to DWP, its existing trackage rights on DMIR's line from 
Nopeming Junction, MN, through Adolph, MN, to Shelton Junction, MN 
(Nopeming Junction-Shelton Junction segment), did not provide access to 
DMIR's Proctor Yard in Proctor, MN, which is located several miles east 
of Adolph on a separate DMIR line. DWP now proposes to acquire 
additional overhead trackage rights over DMIR's line of railroad 
between milepost 12.8 at Carson/Adolph and milepost 6.7 at Proctor, MN 
(2,000 feet beyond the south switch into DMIR's Proctor Yard), a 
distance of approximately 6.1 miles. DWP states that the proposed 
trackage rights will include the right to enter and exit the Nopeming 
Junction-Shelton Junction segment at Carson/Adolph, and will provide 
access from that line into DMIR's Proctor Yard for interchange 
purposes.
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    \1\ Duluth, Winnipeg and Pacific Railway Company has submitted a 
draft agreement. As required by 49 CFR 1180.6(a)(7)(ii), DWP states 
that it will submit a copy of the executed agreement within 10 days 
of the date the agreement is executed.
    \2\ The original trackage rights were exempted in Duluth, 
Winnipeg and Pacific Railway Company--Trackage Rights--Duluth, 
Missabe and Iron Range Railway Company, STB Finance Docket No. 34424 
(Sub-No. 1) (STB served Apr. 9, 2004), and were exempted as amended 
in Duluth, Winnipeg and Pacific Railway Company--Amended Trackage 
Rights Exemption--Duluth, Missabe and Iron Range Railway Company, 
STB Finance Docket No. 35045 (STB served June 29, 2007). DWP and 
DMIR are indirect subsidiaries of Canadian National Railway Company. 
See Canadian National Railway Company and Grand Trunk Corporation--
Control--Duluth, Missabe and Iron Range Railway Company, et al., STB 
Finance Docket No. 34424 (STB served Apr. 9, 2004).
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    The purpose of the proposed transaction is to allow DWP trains to 
operate in and out of the DMIR Proctor Yard, thus increasing 
interchange efficiency by optimizing traffic flows in the Twin Ports of 
Duluth, MN, and Superior, WI.
    The transaction is scheduled to be consummated on November 25, 
2009, the effective date of the exemption (30 days after the exemption 
was filed).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    This notice is filed under 49 CFR 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 no later than November 18, 2009 (at least 7 days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35045 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Thomas J. Litwiler, 
Fletcher & Sippel

[[Page 58073]]

LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at: 
http://www.stb.dot.gov.

    Decided: November 5, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-27055 Filed 11-9-09; 8:45 am]
BILLING CODE 4915-01-P