[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] <SUP>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. <SUP>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