[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Notices]
[Page 54751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27370]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33665]
Twin Cities & Western Railroad Company--Trackage Rights
Exemption--Minnesota Commercial Railway Company
Minnesota Commercial Railway Company has agreed to grant overhead
trackage rights to Twin Cities & Western Railroad Company (TCW) on its
rail line (the Subject Line), which is located entirely within the
State of Minnesota. The rail line extends south from St. Anthony, where
it connects with a line of railroad owned and operated by The
Burlington Northern and Santa Fe Railway Company (BNSF), to Merriam
Park, where it connects with a line of railroad owned and operated by
the Soo Line Railroad Company, d/b/a Canadian Pacific Railway (CPR).
The transaction was scheduled to be consummated on or after
September 30, 1998.
The purpose of the overhead trackage rights is to allow TCW to
avoid severe congestion on the BNSF line, on which TCW has existing
trackage rights, between St. Anthony and CPR's St. Paul Yard.
Specifically, the trackage rights will permit TCW to enter St. Paul via
the CPR line, in accordance with a TCW-CPR interchange agreement.
Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. Section 11326(c), however, does
not provide for labor protection for transactions under sections 11324
and 11325 that involve only Class III rail carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
This notice is filed under 49 CFR 1180.2(d)(7). If it 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.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33665, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C.,
1350 New York Avenue, NW, Suite 800, Washington, DC 20005-4797.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: October 5, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27370 Filed 10-9-98; 8:45 am]
BILLING CODE 4915-00-P
