[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Page 11520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6033]
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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33337] 1
Minnesota Northern Railroad, Inc.--Trackage Rights Exemption--The
Burlington Northern and Santa Fe Railway Company
AGENCY: Surface Transportation Board.
\1\ Minnesota Northern Railroad, Inc. (MNR) filed the notice of
exemption on January 8, 1997. MNR also filed a motion for a
protective order on January 9, 1997. On January 13, 1997, the United
Transportation Union (UTU) filed a petition to revoke the exemption,
reject the notice, and/or stay the effectiveness of the notice. On
January 14, 1997, a decision was served denying UTU's stay petition.
The petition to reject or revoke and the motion for a protective
order will be handled in separate decisions.
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ACTION: Notice of exemption.
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SUMMARY: The Burlington Northern and Santa Fe Railway Company (BNSF)
has agreed to grant overhead trackage rights to Minnesota Northern
Railroad, Inc. (MNR) over a line of railroad between mileposts 31.0 and
33.0 near Erskine, MN. The transaction was expected to be consummated
on January 15, 1997.
This transaction arises out of an agreement between BNSF and MNR
whereby MNR has acquired 204.1 miles of track, as well as certain
incidental trackage rights. See the notice of exemption filed in
Minnesota Northern Railroad, Inc.--Acquisition and Operation
Exemption--Burlington Northern Railroad Company, STB Finance Docket No.
33315, and a related notice of exemption filed in RailAmerica, Inc.--
Continuance in Control Exemption--Minnesota Northern Railroad, Inc.,
STB Finance Docket No. 33316. These transactions were scheduled to be
consummated on or after December 27, 1996.
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. 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 must be filed with the
Surface Transportation Board, Office of the Secretary, Case Control
Branch, 1925 K Street, N.W., Washington, DC 20423. 2 A copy of all
pleadings must be served on petitioner's representative: Edward D.
Greenberg, Esq., Galland, Kharasch, & Garfinkle, P.C., Canal Square,
1054 Thirty-First St., N.W., Washington, DC 20007.
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\2\ The Board is relocating on March 16, 1997. See Surface
Transportation Board--1997 Office Relocation Business Plan, STB Ex
Parte No. 546 (STB served Feb. 21, 1997).
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As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in 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: February 28, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-6033 Filed 3-11-97; 8:45 am]
BILLING CODE 4915-00-P
