[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Page 31010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13229]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35511]


Iowa Northern Railway Company--Trackage Rights Exemption--Dakota, 
Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific

    Pursuant to a prospective trackage rights agreement, Dakota, 
Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific (CP) 
will agree to grant overhead trackage rights to Iowa Northern Railway 
Company (IANR) over approximately 78.2 miles of rail line between: (1) 
Milepost 137.50 near Garner, Iowa, and milepost 116.70 at the 
connection with CP's Mason City Subdivision, a distance of 
approximately 20.80 miles; (2) milepost 116.70 at the connection with 
CP's Mason City Subdivision and milepost 107.30 near Nora Jct., Iowa at 
the connection with IANR, a distance of approximately 30.2 miles 
between Garner and Nora Jct.; and (3) milepost 116.70 at the connection 
with CP's Mason City Subdivision and milepost 7.9 on CP's Austin 
Subdivision near Plymouth Jct., Iowa at the connection with IANR, a 
distance of approximately 27.2 miles between Garner and Plymouth 
Jct.\1\
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    \1\ IANR has included a copy of a letter of intent from CP 
concerning the trackage rights agreement and states that a copy of 
the agreement will be provided to the Board after it is finalized 
and executed.
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    The transaction may be consummated on or after June 10, 2011, the 
effective date of the exemption (30 days after the exemption is filed). 
The primary purpose of the trackage rights agreement is to enable IANR 
to transport freight by rail between the connection of the Forest City 
Line \2\ and Garner, Iowa and alternatively, Nora Jct., Iowa or 
Plymouth Jct., Iowa on the CP trackage.
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    \2\ The Forest City Line is located between Belmond and Forest 
City, Iowa, and is owned by Union Pacific Railroad Company (UP). 
North Central Iowa Rail Corridor (NCIRC) provided notice that it 
will acquire the Forest City Line from UP. See N. Cent. Iowa Rail 
Corridor, LLC--Acquis. Exemption--Union Pac. R.R., FD 35507 (STB 
served May 26, 2011). IANR provided notice that it will be the 
exclusive rail operator of the Forest City Line. See Iowa N. Ry.--
Operation Exemption--N. Cent. Iowa Rail Corridor, LLC, FD 35508 (STB 
served May 26, 2011).
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    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease and 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    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. Stay petitions 
must be filed by June 3, 2011 (at least 7 days before the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35511, 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 T. Scott Bannister, Iowa Northern Railway 
Company, 305 Second Street, SE., Suite 400, Cedar Rapids, IA 52401.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 23, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-13229 Filed 5-26-11; 8:45 am]
BILLING CODE 4915-01-P