Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices 11519

3See Coach USA, Inc.—Control Exemption—

American Sightseeing Tours, Inc.; California

Charters, Inc.; Texas Bus Lines, Inc.; Gulf Coast

Transportation, Inc.; and K-T Contract Services,

Inc., STB Finance Docket No. 33073 (STB served

Nov. 8, 1996).

1On December 31, 1996, The Atchison, Topeka

and Santa Fe Railway Company merged with and

into Burlington Northern Railroad Company. The

name of the surviving corporation is The Burlington

Northern and Santa Fe Railway Company. In this

notice, we will continue to refer to this entity as

BN.

1Minnesota Northern Railroad, Inc. (MNR)

originally filed the notice of exemption on

December 11, 1996. On December 16, 1996, the

United Transportation Union (UTU) filed a petition

to revoke the exemption, reject the notice, and/or

stay the effectiveness of the notice. On December

18, 1996, MNR filed a notice of withdrawal. On

December 20, 1996, MNR filed an amended notice

of exemption. On December 24, 1996, UTU filed a

supplemental petition to revoke, reject, and/or stay.

The stay request was not acted upon prior to the

December 27, 1996 scheduled effective date of the

exemption. The petition to reject or revoke will be

handled in a subsequent decision.

2 On December 31, 1996, The Atchison, Topeka

and Santa Fe Railway Company merged with and

into the Burlington Northern Railroad Company.

The name of the surviving corporation is The

Burlington Northern and Santa Fe Railway

Company. In this notice we will continue to refer

to this entity as BN.

five motor passenger carriers: American

Sightseeing Tours, Inc. d/b/a ASTI (MC–

252353); California Charters, Inc. (MC–

241211); Texas Bus Lines, Inc. (MC–

37640); Gulf Coast Transportation, Inc.

d/b/a Gray Line Tours of Houston (MC–

201397); and K-T Contract Services, Inc.

(MC–218583).3 Petitioner asserts that

there is little competition, and no

significant overlap in operations, among

the 15 carriers it now controls and the

four it seeks to control. It acknowledges

that there is some overlap in service but

states that this overlap will have no

meaningful effect on the continued

availability of competitive

transportation.

Following the acquisition of control,

Coach indicates that each of the four

carriers will continue to operate in its

respective market, under its own name

and in the same basic manner as before.

Coach claims that improved service at

lower costs will result, because of the

coordination of functions, centralized

management, financial support,

rationalization of resources, and

economies of scale that are anticipated

from the common control. Coach also

states that all collective bargaining

agreements will be honored, that

employee benefits will improve, and

that no change in management

personnel is planned. Additional

information may be obtained from

petitioner’s representatives.

A copy of this notice will be served

on the Department of Justice, Antitrust

Division, 10th Street & Pennsylvania

Avenue, N.W., Washington, D.C. 20530.

Decided: February 26, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–6200 Filed 3–11–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 32977]

Burlington Northern Railroad

Company, Operation Exemption, in

Mills and Pottawattamie Counties, IA

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10502, the

Board exempts from the prior approval

requirements of 49 U.S.C. 10901

Burlington Northern Railroad

Company’s (BN) 1 reinstitution of

operations over approximately 14.0

miles of an abandoned line, formerly

owned and operated by BN, between

Pacific Junction (MP 475.01) and

Council Bluffs, IA (MP 489.01).

DATES: This exemption is effective on

April 11, 1997. Petitions to reopen must

be filed by April 1, 1997. Petitions to

stay must be filed by March 24, 1997.

ADDRESSES: Send pleadings referring to

Finance Docket No. 32977 to: (1) Office

of the Secretary, Case Control Unit,

Surface Transportation Board, 1925 K

Street, N.W., Washington, DC 20423–

0001; and (2) petitioner’s representative:

Sarah J. Whitley, 777 Main Street, Suite

3800, Fort Worth, TX 76102–5384.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To obtain a copy

of the full decision, write to, call, or

pick up in person from: DC News &

Data, INC., 1925 K Street, N.W., Suite

210, Washington, DC 20006. Telephone:

(202) 289–4357. [Assistance for the

hearing impaired is available through

TDD services (202) 565–1695.]

Decided: February 25, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–6199 Filed 3–11–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33315] 1

Minnesota Northern Railroad, Inc.—

Acquisition and Operation

Exemption—Burlington Northern

Railroad Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: Minnesota Northern Railroad,

Inc. (MNR), a noncarrier, has filed a

notice of exemption under 49 CFR

1150.31–34 to acquire from Burlington

Northern Railroad Company (BN) 2 and

operate approximately 204.10 miles of

rail line as follows: (1) 33.25 miles of

rail line on the MN Junction at Ada,

MN, between Ada Subdivision

mileposts 80.25 and 47.0; (2) 20.6 miles

of rail line on the Redland Junction at

Fertile, MN, between Fertile

Subdivision mileposts 65.7 and 45.1; (3)

13.0 miles of rail line on the Tilden

Junction at Red Lake Falls, MN, between

Grand Forks Subdivision mileposts

56.84 and 13.0 miles east; (4) 44.25

miles of rail line on the MN Junction at

Perley, MN, between P Line Subdivision

mileposts 65.25 and 21.0; and (5) 93

miles of rail line on the St. Hilaire line

at Warroad, MN, between Warroad

Subdivision mileposts 11.0 and 104.0.

Concurrent with the above

transaction, MNR will acquire

incidental overhead trackage rights for

the sole purposes of: (1) Interchanging

rail freight cars and equipment between

MNR and BN at BN’s Crookston, MN,

rail yard only; and (2) moving

locomotives, cars and equipment

between the rail lines over BN’s Grand

Forks Subdivision rail line between

milepost 81.5 west of Crookston, and

milepost 31.0 at Erskine, MN, and also

over all yard tracks in BN’s Crookston

rail yard. In addition, MNR will acquire

BN’s trackage rights to operate over the

Soo Line Railroad Company between

milepost 273.0 at or near Erskine and

milepost 309.5 at or near Thief River

Falls, MN. BN will retain overhead

trackage rights only, without serving

any industries on the line, to provide

rail freight service over the Perley line,

between P Line Subdivision milepost

65.25 and milepost 21.0.

The transaction was scheduled to be

consummated on or after December 27,

1996.

Concurrently, RailAmerica, Inc.

(RailAmerica), which controls MNR, has

filed a notice of exemption in

RailAmerica, Inc.—Continuance in

Control Exemption—Minnesota

Northern Railroad, Inc., STB Finance

Docket No. 33316, to exempt under 49

CFR 1180.2(d) and 1180.4(g) from the

prior approval requirements of 49 U.S.C.

11323 RailAmerica’s continuance in

control of MNR when the latter becomes

a Class III rail carrier. This transaction
11520 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices

3 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).

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.

2The 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).

1This proceeding includes Finance Docket No.

32172, Los Angeles County Transportation

Commission—Acquisition Exemption—The

Atchison, Topeka and Santa Fe Railway Company.

was also scheduled to be consummated

on or after December 27, 1996. MNR has

also filed a related notice of exemption

for 2 miles of trackage rights from BN

in Erskine, MN, in Minnesota Northern

Railroad, Inc.—Trackage Rights

Exemption— The Burlington Northern

and Santa Fe Railway Company, STB

Finance Docket No. 33337.

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 20423.3 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.

Decided: February 28, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–6032 Filed 3–11–97; 8:45 am]

BILLING CODE 4915–00–P

[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.

ACTION: Notice of exemption.

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.

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

[Finance Docket No. 32173 et al.1]

Orange County Transportation

Authority/ Riverside County

Transportation Commission/ San

Bernardino Associated Governments/

San Diego Metropolitan Transit

Development Board/ North San Diego

County Transit Development Board—

Acquisition Exemption—The Atchison,

Topeka And Santa Fe Railway

Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: The ICC Termination Act of

1995, Pub. L. No. 104–88, 109 Stat. 803

(the ICCTA), which was enacted on

December 29, 1995, and took effect on

January 1, 1996, abolished the Interstate

Commerce Commission (ICC) and

transferred certain functions to the

Surface Transportation Board (Board).

Section 204(b)(1) of the ICCTA provides,

in general, that proceedings pending

before the ICC on the effective date of

that legislation shall be decided under

the law in effect prior to January 1,

1996, insofar as they involve functions

retained by the ICCTA. This decision

relates to a proceeding that was pending

with the ICC prior to January 1, 1996,

and to functions that are subject to

Board jurisdiction pursuant to 49 U.S.C.

10502 and other remaining regulatory

provisions of 49 U.S.C. Subtitle IV. The

Board grants the petition of southern

California transit agencies for: (1) a

blanket exemption from 49 U.S.C.

Subtitle IV to operate 9 rail lines

acquired from The Atchison, Topeka

and Santa Fe Railway Company subject

to future compliance with requirements

for the protection of employees and the

environment; (2) clarification of the

ICC’s decision in Orange County

Transp.—Exempt.—Atchison, T. & S.F.

Ry. Co., 10 I.C.C.2d 78 (1994); and (3)

establishment of procedures to

implement actions taken under blanket

exemptions from 49 U.S.C. Subtitle IV.

DATES: The Board’s decision will be

effective on April 11, 1997. Petitions to

stay must be filed by March 24, 1997.

Petitions to reopen must be filed by

April 1, 1997.

ADDRESSES: Send pleadings referring to

Finance Docket No. 32173 et al. to: (1)

Office of the Secretary, Case Control

Unit, Surface Transportation Board,

1925 K Street, N.W., Washington, DC

20423–0001; and (2) petitioners’

representative: Charles A. Spitulnik,