[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Page 62401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30669]



[[Page 62401]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33500]


Rutland Line, Inc.--Acquisition and Operation Exemption--The 
Burlington Northern and Santa Fe Railway Company

    Rutland Line, Inc. (RLI), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1150.31 to acquire approximately 23 miles of 
rail line from The Burlington Northern and Santa Fe Railway Company 
(BNSF) from milepost 42.67, at Geneseo Junction, ND, to milepost 65.60, 
at the North Dakota/South Dakota border (subject line).<SUP>1</SUP> RLI 
will also acquire BNSF's interest in certain spur trackage and real 
estate at Hankinson and Lidgerwood, ND. In addition, RLI will obtain 
incidental operating rights to operate overhead rail freight services 
on BNSF's lines from milepost 212.32, at Breckenridge, MN, to milepost 
195.6, at Aberdeen Line Junction, MN, and from milepost 0.00, at 
Aberdeen Line Junction, to milepost 0.60, at BN Junction, MN. Further, 
BNSF will also assign to RLI its operating rights under a July 5, 1955 
agreement from BNSF milepost 0.60, at BN Junction, to CPRS <SUP>2</SUP> 
milepost 205.6, at Hankinson, and its operating rights under a 
September 18, 1959 agreement from CPRS milepost 205.6, at Hankinson, to 
BNSF milepost 42.67, at Geneseo Junction.
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    \1\ RLI will enter into an agency agreement with Red River 
Valley & Western Railroad (RRVW) whereby RRVW will perform 
operations in RLI's name and for RLI's account on the subject line. 
However, RLI will retain the obligation to provide common carrier 
service on the subject line.
    \2\ This abbreviation refers to joint BNSF/Soo Line Railroad 
Company track.
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    The transaction was scheduled to be consummated on or after October 
30, 1997. Because the exemption was filed on October 24, 1997, the 
transaction could not have been consummated sooner than October 31, 
1997.
    This transaction is related to STB Finance Docket No. 33501, 
Douglas M. Head, Kent P. Shoemaker and Charles H. Clay--Continuance in 
Control Exemption--Rutland Line, Inc., wherein the named individuals 
have concurrently filed a petition for exemption to continue in control 
of RTI, upon its becoming a Class III rail carrier.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to revoke will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33500, 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 Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.

    Decided: November 14, 1997.

    By the Board, Beryl Gordon, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30669 Filed 11-20-97; 8:45 am]
BILLING CODE 4915-00-P