[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Page 5629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2267]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35589]


Dakota, Minnesota & Eastern Railroad Corporation--Trackage Rights 
Exemption--Chicago, Central & Pacific Railroad Company

    Pursuant to a written trackage rights agreement, Chicago, Central & 
Pacific Railroad Company (CCP) has agreed to grant limited overhead 
trackage rights to Dakota, Minnesota & Eastern Railroad Corporation 
(DM&E) \1\ over approximately 1.1 miles of rail line between milepost 
85.6 (Rockford Junction) and CCP's connection with DM&E at 
or near milepost 86.7 in Rockford (CCP/DM&E Connection), in 
Winnebago County, Ill.\2\
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    \1\ DM&E is an indirect subsidiary of Canadian Pacific Railway 
Company and CCP is an indirect subsidiary of Canadian National 
Railway Company.
    \2\ A redacted trackage rights agreement between DM&E and CCP 
was filed with the notice of exemption. The unredacted version was 
filed under seal along with a motion for protective order, which 
will be addressed in a separate decision.
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    DM&E presently operates between Davis Junction, Ill. and Rockford 
pursuant to a trackage rights agreement with Illinois Railway, Inc. 
(IR). A segment of the trackage is currently out of service in Rockford 
as a result of track realignment. CCP has agreed to grant DM&E trackage 
rights for the movement of freight between the CCP/DM&E Connection and 
the connecting track between CCP and IR at Rockford Junction.
    The transaction is scheduled to be consummated on February 19, 2012 
the effective date of the exemption (30 days after the exemption was 
filed).
    The purpose of the transaction is to provide an alternative to 
DM&E's operating rights over IR trackage in Rockford that is currently 
out of service.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
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 transaction. Petitions for stay must be filed by 
February 10, 2012 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35589, 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 W. Karl Hansen, 150 South Fifth St., Suite 
2300, Minneapolis, MN 55402.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 27, 2012.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-2267 Filed 2-2-12; 8:45 am]
BILLING CODE 4915-01-P