[Federal Register: November 29, 2007 (Volume 72, Number 229)]
[Notices]
[Page 67630-67631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no07-50]
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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