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Railroad Merger Ltr Surf. TransCity Manager's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4110 (319) 589-4149 FAX April 26, 2002 Linda Morgan and Wayne Burkes Surface Transportation Board 1201 Constitution Avenue N.W. Washington, D.C. 20423i Dear Ms. Morgan and Mr. Burkes: On February 21, 2001, the Dakota Minnesota and Eastern Railroad (DME) announced its intended acquisition of I & M Rail Link (IMRL). While we recognize that no application has yet been filed with the Surface Transportation Board (STB), we are concerned that the applicant may request the transaction be considered "exempt" as defined in 49 CFR 1180.2. We wish to go on record that the proposed transaction, if or when an application is filed, should be give due consideration as a "minor" transaction, if not a "significant" transaction, as defined in 49 CFR 1180.2. The transaction will certainly be of regional aod national transportation importance and have significant impacts on communities and shippers. With a significant or minor transaction designation, STB could provide all interested parties ample time to comment and participate in the proceedings. Ample time would not be available in an exempt proceeding. It should be noted that Iowa remains neutral on the transaction at this time. We are neither for nor against this transaction since there is little information urrently available. Our concern is that the appropriate regulatory process be used. The proposed transaction outlined by press announcements, indicates that the Iowa Chicago and Eastern Railroad Corporation (lC&E), a subsidiary of American Rail Holdings, Inc., which is a wholly owned subsidiary of the DME, will acquire the assets of the IMRL. While this transaction is a bit convoluted and may on the surface look like a non-carrier acquisition of railroad assets, it is, in fact, the acquisition of the IMRL by the DME, as both will be under the same management control. We feel that an application filed with STB relative to the proposed transaction should not be considered exempt for any of the seven categories outlined in 49 CFR 1180.2(d). We also feel this transaction is merely a benign non-railroad company acquiring rail assets with no market impacts, operations changes, or environmenta effects. Service People Integrity Responsibility Innovation Teamwork Our concerns on the regulatory process stem from the fact that there are a number of unanswered questions related to the proposed transaction, and an exempt process would not provide ample opportunity for the City of Dubuque, local shippers, and others to respond or comment. As you may know, both railroads currently operate in Iowa, with IMRL running the entire length of our riverfront. Nearly 60 percent of the IMRL operations and operating revenues are in Iowa. It is expected the acquisition of the IMRL by the DME would have a significant effect on rail service in Iowa, on shippers they serve, and on communities in Dubuque they traverse. Following are some of our concerns and questions about the proposed transaction we hope to have answered or addressed in a full STB process. Financial viability - The proposed purchase by a small short line railroad with marginal operating profits of a larger regional carrier with no operating profits does not appear to make for a viable combination. While the DME may have a successful future with or without the development (if Powder River coal traffic, combining with the IMRL may not generate significantly increased revenues or reduce costs sufficiently to offset current operating losses for the IMRL. This is important since, without having a reasonable expectation of success for this merger, there is the potential for more consolidations or re-organizations in the future (i.e. downstream impacts), which could have more and broader impacts on service and competitiveness. We believe there are a number of questions and issues concerning the financial viability and future stability of the proposed merger. These issues need to be answered through the STB process. Having an exempt process for this transaction will not provide sufficient review of these questions. Environmental/communlty impacts - The IMRL, particularly as it traverses northeast Iowa and the Mississippi River Corridor, could pose some environmental and community impacts when or if there is significant traffic increases, particularly if the expected coal traffic is to be routed over the IMRL If the DME has expectations to provide significant upgrade to the infrastructure of the IMRL (with potential capacity improvements), what are the potential environmental and community impacts, if any? And what mitigation may be needed? The DME provided an Enironmental Impact Analysis for the entire DME route in its application to STB for the powder River Basin project. The IMRL routes were not considered in that application and environmental analysis. Under the proposed merger, will the DME provide a similar effort relative to potential traffic increases to IMRL routing and to the communities affected? Would this type of analysis be needed? Again, these and other questions related to environmental community concerns need to be raised through the STB process, and the exempt applications process would be insufficient to address these issues. Impacts on shippers- The direct impact of this proposed merger to Dubuque is unknown at this time. Without a full STB process, understanding of the impacts to shippers Dubuque and Iowa will not be fully understood. The majority of shippers on the IMRL in Iowa are grain shippers and they currently have all the access and service that would be provided under the proposed merger. It does not appear the DME route will provide any significantly new destinations or markets for Iowa grain shippers: However, the benefits may be more indirect through improved operations and grain market competition. A fulI understanding of these impacts and the market implications can only be gained through a full STB process. In conclusion, the City of Dubuque supports the STB in its regulatory role. Trying to balance the needs of the rail industry for timely decisions and ensuring appropriate opportunities are provided to those affected by industry actions is difficult and important. In the case of this proposed action, we ask that the balance be met through a full STB process and not through the expedited process of exemption. If you have any questions please contact me at (563) 589-4110 or e-mail ctymqr@cityofdubuque.org. Sincerely Michael C. Van Milligen City Manager /ksf Cc:Mayor Terry Duggan Dubuque City Council Barry Lindahl, Corporation Counsel Mike Koch, Public Works Director Cindy Steinhauser Asst. City Manager F:~U SE RS~ctym grs'dVlike~Lett ers\lM Rail Link_d26.d0c