[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Pages 67139-67140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31398]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32807]
Minnesota River Bridge Company--Acquisition and Operation
Exemption--Soo Line Railroad Company d/b/a CP Rail System
Minnesota River Bridge Company (MRBC), a noncarrier, has filed a
notice of exemption to acquire and operate approximately 1.11 miles of
track, including a railroad bridge over the Minnesota River, owned by
the Soo Line Railroad Company d/b/a CP Rail System (CPRS), between
milepost 26.0, near the city of Bloomington, in Hennepin County, MN, to
milepost 27.11, near the city of Savage, in Scott County, MN. As part
of the agreement between MRBC and CPRS, CPRS will retain trackage
rights over the line. The parties expected to consummate the
acquisition on or after December 13, 1995.
This proceeding is related to Twin Cities & Western Railroad
Company--Operation Exemption--Minnesota River Bridge Company, Finance
Docket No. 32808, wherein Twin Cities & Western Railroad Company (TCW)
filed a notice of exemption to operate the line.1 MRBC will retain
a residual obligation to provide common carrier service on the line.
TCW and MRBC expected to enter into an operation agreement on or after
December 13, 1995, and expected to consummate that transaction on or
after December 14, 1995. Also related to this proceeding is Douglas M.
Head, Kent P. Shoemaker, and Charles H. Clay--Continuance in Control
Exemption--Minnesota River Bridge Company, Finance Docket No. 32810, in
which the owners of MRBC have concurrently filed a petition of
exemption to continue in control of MRBC when it becomes a rail carrier
upon consummation of the transactions described in this notice.2
\1\ Concurrently with Finance Docket No. 32808, TCW filed a
verified notice of exemption in Twin Cities & Western Railroad
Company--Trackage Rights Exemption--Soo Line Railroad Company d/b/a/
CP Rail System, Finance Docket No. 32809, to obtain overhead
trackage rights on track which connects with the subject line. The
connecting track is owned by CPRS, extends from milepost 17.23 at
St. Louis Park, MN, and connects at milepost 26.00, near
Bloomington, MN. It also connects with the subject line at milepost
27.11, and extends to milepost 28.04, near Savage, MN. The trackage
rights were scheduled to become effective on or after December 14,
1995.
\2\ Douglas M. Head, Kent P. Shoemaker, and Charles H. Clay, the
stockholders of MRBC, do not qualify for a class exemption under 49
CFR 1180.2(d)(2) because: (1) they hold controlling ownership of
MRBC, TCW, and Red River Valley & Western Railroad Company; and (2)
the 1.11 mile line to be acquired here from CPRS connects with a
rail line owned by CPRS, on which TCW, controlled by the above-named
stockholders, anticipates acquiring trackage rights in Finance
Docket No. 32809. Thus, the stockholders have established a voting
trust to insulate themselves from authorized acquisition of control
of MRBC until the petition for exemption for control is acted upon.
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Any comments must be filed with the Commission 3 and served
on: Jo A. Deroche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., Suite
800, 1350 New York Avenue, N.W. Washington, DC 20005-4797.
\3\ Legislation to sunset the Commission on December 31, 1995,
and transfer the remaining functions is now under consideration in
Congress. Until further notice, parties submitting pleadings should
continue to use the current name and address: Interstate Commerce
Commission, 1201 Constitution Avenue, N.W., Washington, DC 20423.
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This notice is filed under 49 CFR 1150.31. If the notice contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the transaction.
Decided: December 20, 1995.
[[Page 67140]]
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31398 Filed 12-27-95; 8:45 am]
BILLING CODE 7035-01-P
