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,