[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11519-11520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6032]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33315] \1\
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    \1\ Minnesota 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.
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Minnesota Northern Railroad, Inc.--Acquisition and Operation 
Exemption--Burlington Northern Railroad Company

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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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) <SUP>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.
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    \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.
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    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

[[Page 11520]]

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.<SUP>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.

    \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).
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    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