[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Page 67140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31400]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32809]
Twin Cities & Western Railroad Company--Trackage Rights
Exemption--Soo Line Railroad Company d/b/a CP Rail System
Soo Line Railroad Company d/b/a CP Rail System (CPRS) has agreed to
grant overhead trackage rights to Twin Cities & Western Railroad
Company (TCW) over approximately 9.7 miles of its rail line from
milepost 17.23, at St. Louis Park, to milepost 26.0, near the city of
Bloomington, in Hennepin County, MN, and from milepost 27.11 to
milepost 28.04, near the city of Savage, in Scott County, MN. CPRS
previously granted trackage rights to TCW within the Twin Cities
Terminal.\1\ CPRS will amend that trackage rights agreement to enable
TCW to provide switching service to industries located in Savage. The
trackage rights were scheduled to become effective on or after December
14, 1995.
\1\ See Twin Cities & Western Railroad Company--Trackage Rights
Exemption--Soo Line Railroad Company, Finance Docket No. 31914 (ICC
served Aug. 14, 1991).
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Concurrently with this notice, TCW filed a notice of exemption in
Twin Cities & Western Railroad Company--Operation Exemption--Minnesota
River Bridge Company, Finance Docket No. 32808, to operate 1.11 miles
of track owned by Minnesota River Bridge Company (MRBC).\2\ MRBC's
track connects to the subject line at milepost 26.00, near Bloomington,
MN, and at milepost 27.11, near Savage, MN. 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.
\2\ MRBC filed a verified notice of exemption in Minnesota River
Bridge Company--Acquisition and Operation Exemption--Soo Line
Railroad Company d/b/a CP Rail System, Finance Docket No. 32807, to
acquire and operate the line. MRBC will retain a residual obligation
to provide common carrier service on the line. The parties expected
to consummate the acquisition on or after December 13, 1995. MRBC's
owners concurrently filed a petition for exemption in Douglas M.
Head, Kent P. Shoemaker, and Charles H. Clay--Continuance in Control
Exemption--Minnesota River Bridge Company, Finance Docket No. 32810,
to continue in control of MRBC when it becomes a rail carrier upon
consummation of the transactions described in this notice. Douglas
M. Head, Kent P. Shoemaker, and Charles H. Clay, MRBC's
stockholders, 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
subject line connects with a rail line owned by Soo Line Railroad
Company d/b/a CP Rail System (CPRS) on which TCW, controlled by the
stockholders, anticipates acquiring trackage rights. 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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This notice is filed under 49 CFR 1180.2(d)(7). 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. Pleadings 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, D.C. 20423.
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As a condition to the use of this exemption, any employees
adversely affected by the trackage rights will be protected under
Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605
(1978), as modified in Mendocino Coast Ry., Inc.--Lease and Operate,
360 I.C.C. 653 (1980).
Decided: December 20, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31400 Filed 12-27-95; 8:45 am]
BILLING CODE 7035-01-P
