[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Notices]
[Pages 9519-9520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5516]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took
effect on January 1, 1996, abolished the Interstate Commerce
Commission and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to the Board's jurisdiction pursuant to 49 U.S.C. 10902.
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[Finance Docket No. 32864]
Dakota, Minnesota & Eastern Railroad Corporation--Acquisition and
Operation--Colony Segment of the Union Pacific Railroad Company, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice of filing of application and request for comments.
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SUMMARY: Pursuant to 49 U.S.C. 10902 and section 327 of Public Law No.
104-88, the Dakota, Minnesota & Eastern Railroad Company (DME) has
filed an application to acquire and operate an approximately 203-mile
rail line currently owned by Union Pacific Railroad Company, Inc. (UP)
located in Wyoming, South Dakota, and Nebraska, commonly referred to as
the Colony Line. The Colony Line runs in a north-south direction from
Colony, WY, to Crawford, NE, the majority of which is located in South
Dakota. The Board invites comments on this application by interested
parties.
DATES: Written comments must be filed with the Board no later than
March 18, 1996.
ADDRESSES: An original and 10 copies of all comments must refer to STB
Finance Docket No. 32864 and must be sent to: Office of the Secretary,
Case Control Branch, Surface Transportation Board, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, one copy of all
documents must be sent to applicant's representative: Kevin V.
Schieffer, Schieffer, Cutler & Donahoe, P.C., Suite 300, Falls Center,
431 North Phillips Avenue, Sioux Falls, SD 57102.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660.
[TDD for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: In the application, filed February 22, 1996,
DME claims that there will be no material adverse impact on competition
from this transaction since DME is merely replacing UP as the
originating carrier on the Colony Line. Also, because DME is merely
taking over an existing operation with no impact on environmental
resources, the applicant is exempt from environmental reporting
requirements pursuant to 49 CFR 1105.6(c)(2).
[[Page 9520]]
DME states that the number of full-time UP employees on the Colony
Line is 41 and anticipates that, following this transaction, the number
of full-time employees on the Colony Line will rise to 50. Section 327
of the ICCTA, concerning Class II railroads receiving Federal
assistance, provides that: ``The Surface Transportation Board shall
impose no labor protection conditions in approving an application under
[49 U.S.C. Sec. 10902], when the application involves a carrier which
(1) is headquartered in a State, and operates in at least one State,
with a population of less than 1,000,000 persons as determined by the
1990 census; and (2) has, as of January 1, 1996, been a recipient of
repayable Federal Railroad Administration assistance in excess of
$5,000,000.'' DME claims that it meets the requirements of section 327
and that no labor protection conditions should be imposed.
DME seeks expedited review of this application due to various
financial obligations it has entered into which take effect on May 1,
1996. DME has served copies of this application on State officials,
officials of communities located on the Colony Line, the shippers and
receivers that use the Colony Line, connecting railroads,
representatives of affected employees, and newspapers serving the
Colony Line area. In light of the extensive service on the parties
likely to have an interest in this proceeding, and in light of DME's
justification for expedited action, the Board is requesting that
comments be filed by March 18, 1996.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: March 5, 1996.
By the Board, Vernon A. Williams, Secretary.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5516 Filed 3-7-96; 8:45 am]
BILLING CODE 4915-00-P
