98-29824. Minnesota Commercial Railway CompanyLease and Operation ExemptionUnion Pacific Railroad Company  

  • [Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
    [Notices]
    [Page 60040]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29824]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Surface Transportation Board
    [STB Finance Docket No. 33676]
    
    
    Minnesota Commercial Railway Company--Lease and Operation 
    Exemption--Union Pacific Railroad Company
    
        Minnesota Commercial Railway Company (MC), a Class III rail 
    carrier, has filed a notice of exemption under 49 CFR 1150.41 to 
    acquire by long-term lease from the Union Pacific Railroad Company (UP) 
    and operate approximately 2.95 miles +/-of industrial trackage in an 
    area known as the Southeast Minneapolis Switching District.1
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        \1\ MC notes that the trackage is all yard limit industrial 
    switching territory and that no mileposts are assigned this area by 
    UP.
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        Because MC's projected annual revenues after the transaction will 
    exceed $5 million, MC has certified to the Board that the required 
    notice of the transaction was sent to the national offices of the labor 
    unions representing employees on the line and posted at the workplace 
    of the employees on the affected lines on August 31 1998. See 49 CFR 
    1150.42(e).2 The transaction was scheduled to be consummated 
    on November 1, 1998.
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        \2\ While the required notice to employees had been given on 
    August 31, 1998, MC did not certify to the Board that it had done so 
    until October 22, 1998, when it filed its notice of exemption. The 
    exemption would normally become effective 60 days after MC's 
    certification to the Board that it had complied with the Board's 
    rule at 49 CFR 1150.42(e). In a decision in this proceeding served 
    on October 30, 1998, however, the Board found that sufficient notice 
    to rail employees and their representatives had been given in this 
    case and, at the request of MC, waived, in part, the 60-day period 
    to allow consummation on November 1, 1998.
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        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 does not automatically stay the transaction.
        An original and 10 copies of all pleadings, referring to STB 
    Finance Docket No. 33676, must be filed with the Surface Transportation 
    Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
    Washington, DC 20423-0001. In addition, a copy of each pleading must be 
    served on Eugenia Langan, Esq., Shea and Gardner, 1800 Massachusetts 
    Avenue, N.W., Washington, DC 20036.
        Board decisions and notices are available on our website at 
    ``WWW.STB.DOT.GOV.''
    
        Decided: November 2, 1998.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 98-29824 Filed 11-5-98; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
11/06/1998
Department:
Surface Transportation Board
Entry Type:
Notice
Document Number:
98-29824
Pages:
60040-60040 (1 pages)
Docket Numbers:
STB Finance Docket No. 33676
PDF File:
98-29824.pdf