Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices 17283

1This proceeding is related to STB Finance

Docket No. 33327, wherein Dennis Washington,

William H. Brodsky, Mort Lowenthal, Dorn

Parkinson, J. Fred Simpson, and Thomas J. Walsh

have filed a notice of exemption to continue in

control of I&M upon I&M’s becoming a Class II rail

carrier. 2 I&M indicates that, to the extent the assumption

by I&M of any of these trackage rights requires the

consent of third parties, I&M will take appropriate

steps to obtain such consent. 3Operations into and out of Kansas City are via:

a paired track agreement with the Union Pacific

Railroad Company (UP) from Polo, MO (MP 456.7)

to Birmingham, MO (MP 494.5); a joint track

agreement with UP from Birmingham, MO (MP

494.5) to Airline Jct., MO (MP 499.2); and beyond

for approximately 0.13 miles to Sheffield, MO, on

a segment owned jointly by CPR and the Kansas

City Southern Railway Company (KCS).

4Operation on the mainline at Clinton, IA, will

require assumption of CPR’s trackage rights through

the UP interlocking at approximately MP 158.4. 5Over the Nitrin Branch, which is owned by The

Burlington Northern and Santa Fe Railway

Company (BNSF), I&M will acquire incidental

trackage rights through an assignment of rights from

CPR. 6Over the segment of the Janesville Branch that

lies between Davis Jct. and Rockford (the Rockford

Segment), which segment is owned by BNSF, I&M

will acquire incidental trackage rights through an

assignment of rights from CPR. 7Operation on the ‘‘Dubuque Segment’’ through

Dubuque, IA, will involve the assumption by I&M

of CPR’s rights to operate on 1.7 miles of the former

Chicago, Central & Pacific Railroad Company. 8 I&M will assume CPR’s trackage rights

agreement for operation on the Iowa Northern

Railway Company (IANR) from Plymouth Jct., IA

(IANR MP 219.5), to Nora Springs, IA (IANR MP

210.7) (the Nora Springs Segment). 9Operation from Fairmont, MN (MP 182.97), to

Welcome, MN (MP 190.28) will be by assumption

of CPR’s trackage rights on UP (the Welcome

Segment).

(5) Whether AWHMT’s application raises

issues concerning the applicability of the

Hazardous Materials Regulations, 49 CFR

parts 171–180, that should be considered by

RSPA (in addition to or instead of action on

AWHMT’s application) in the rulemaking

under Docket No. HM–223, ‘‘Applicability of

the Hazardous Materials Regulations to

Loading, Unloading and Storage.’’ See

Advance Notice of Proposed Rulemaking, 61

FR 39522 (July 29, 1996), and Notices of

Meeting, 61 FR 49723 (Sept. 23, 1996), 61 FR

53483 (Oct. 11, 1996).

Persons intending to comment should

review the standards and procedures

governing applications for preemption

determinations, set forth at 49 CFR

107.201–107.211.

Issued in Washington, DC, on April 3,

1997.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 97–9038 Filed 4–8–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33384]

Consolidated Rail Corporation;

Trackage Rights Exemption;

Burlington Northern and Santa Fe

Railway Company

The Burlington Northern and Santa Fe

Railway Company (BNSF) will agree to

grant local trackage rights to

Consolidated Rail Corporation (Conrail)

between a connection near Panhandle

Crossing (Ash Street) located in

Chicago, IL, BNSF’s milepost 4.51 and

a connection near McCook, IL, at

BNSF’s milepost 12.9, to the town of

Willow Springs, IL, BNSF’s milepost

17.72, a distance of approximately 13.21

miles.

The transaction is scheduled to be

consummated on or about April 7, 1997.

The purpose of the trackage rights is to

allow Conrail to operate intermodal

trains into BNSF’s intermodal terminal

at Willow Springs, IL.

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).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33384, 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 John K.

Enright, Esq., Conrail Law Department,

16–A, 2001 Market Street, Philadelphia,

PA 19101–1416.

Decided: April 2, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9098 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33326]

I&M Rail Link, LLC; Acquisition and

Operation Exemption; Certain Lines of

Soo Line Railroad Company d/b/a

Canadian Pacific Railway

I&M Rail Link, LLC (I&M), a

noncarrier, has filed a verified notice of

exemption under 49 CFR 1150.31 and

1150.35 to acquire from Soo Line

Railroad Company,

d/b/a Canadian Pacific Railway (CPR),

and operate approximately 1,109 miles

of rail line and 262 miles of trackage

rights in Iowa, Illinois, Minnesota,

Missouri, Wisconsin, and Kansas. I&M

will become a Class II rail carrier.1

The system to be acquired consists of:

(1) CPR’s ‘‘KC Mainline’’ between

Kansas City, MO, and Pingree Grove, IL,

including trackage rights between

Pingree Grove and Chicago, IL; and (2)

CPR’s ‘‘Corn Lines’’ between Sabula and

Sheldon, IA, including branch lines and

trackage rights in southern Minnesota. 2

The KC Mainline. The KC Mainline

runs from Kansas City, MO (MP 499.2),3

northeasterly through Missouri and

Iowa to a junction near Sabula, IA (MP

141.6), at the Iowa-Illinois border,4

including branch lines from Davenport,

IA (MP 0.0), to Eldridge, IA (MP 9.7)

(the Eldridge Branch), and from

Davenport, IA (MP 0.0) to Albany, IL

(MP 35.0) (the Nitrin Branch); 5 and then

from the junction near Sabula, IA (MP

141.6), easterly across northern Illinois

to Pingree Grove, IL (MP 41.9),

including a branch line from Davis Jct.,

IL (MP 0.0), to Rockford, IL (MP 12.9),

and then beyond to Janesville, WI (MP

45.8) (the Janesville Branch).6

The Corn Lines. The Corn Lines run

from the junction near Sabula, IA (MP

141.6), north-northwesterly,

approximately following Iowa’s eastern

border, to a junction near Marquette, IA

(MP 98.0),7 and then northerly into

Minnesota to La Crescent, MN (MP

160.1); from the junction near Marquette

(MP 0.0), westerly across northern Iowa

to a junction at Mason City, IA (MP

116.7),8 and continuing westerly to

Sheldon, IA (MP 253.4); from the

junction near Mason City northerly into

Minnesota to a junction near Comus,

MN (MP 123.8); and from a junction

near Ramsey, MN (MP 43.0), westerly

across southern Minnesota to Jackson,

MN (MP 149.4),9 including a branch line

from Wells, MN (MP 0.0), to Minnesota

Lake, MN (MP 9.0).

Additional Incidental Trackage

Rights. I&M will also acquire from CPR

additional incidental trackage rights: (i)

For certain traffic over 34.9 miles of rail

line from the end of CPR’s line at

Pingree Grove, IL, over certain lines

owned by the Commuter Rail Division

of the Regional Transportation

Authority (METRA), to a connection

with the Belt Railway Company of

Chicago at Cragin Jct. (MP 7.0) in the

Chicago Terminal; (ii) for overhead

traffic over 125.8 miles of rail line

owned by CPR, part of which is owned

in common with BNSF, from River Jct.,
17284 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices

10 I&M also will acquire CPR’s minority interest

(8.33%) in the common stock of KCT, and will

thereby acquire certain rights and obligations

attendant thereto, including the right to operate on

the 78.2 miles of rail line owned by KCT. I&M also

will acquire all of the rights, privileges, benefits,

and obligations of CPR in that certain contract

between KCS and predecessors of CPR, dated May

1, 1942, including any real estate owned by CPR in

Kansas or in the metropolitan area of Kansas City,

MO, together with any appurtenances and fixtures

of CPR located thereon and affixed thereto, other

than certain excluded assets.

MN (MP 288.0), to St. Paul, MN (MP

407.4), and for overhead traffic from

Comus, MN (MP 123.8), to Rosemount,

MN (MP 150.7); and (iii) over 78.2 miles

of rail line owned by the Kansas City

Terminal Railroad (KCT).10

Pursuant to a decision of the Board

served April 2, 1997, the proposed

transaction may be consummated on or

after April 4, 1997. I&M intends to

consummate the transaction as soon as

practicable.

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 will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33326, 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, one copy of each

pleading must be served on Mark H.

Sidman, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., 1350 New York Avenue,

N.W., Suite 800, Washington, DC

20005–4797.

Decided: April 3, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9095 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33378]

Sierra Pacific Industries; Acquisition

and Operation Exemption; Amador

Central Railroad Company

Sierra Pacific Industries (SPI), a Class

III rail carrier, has filed a notice of

exemption under 49 CFR 1150.41 to

acquire and operate approximately 12

miles of rail line currently owned and

operated by the Amador Central

Railroad Company (ACRC), between

milepost 0.0 at Ione and milepost 12.0

at Martell, in Amador County, CA.

Included in the acquisition are a rail

yard and associated tracks.

This transaction was scheduled to be

consummated on March 31, 1997.

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, referring to STB Finance

Docket No. 33378, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington DC 20423–

0001. A copy of all pleadings must be

served on applicant’s representative:

James F. Flint, Grove, Jaskiewicz and

Cobert, 1730 M Street, NW., Suite 400,

Washington, DC 20036.

Decided: April 3, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9097 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33327]

Dennis Washington, et al.;

Continuance in Control Exemption;

I&M Rail Link, LLC

Dennis Washington, William H.

Brodsky, Mort Lowenthal, Dorn

Parkinson, J. Fred Simpson, and

Thomas J. Walsh, noncarrier individuals

(applicants), have filed a verified notice

of exemption to continue in control,

through ownership and management, of

I&M Rail Link, LLC (I&M) upon I&M’s

becoming a rail carrier. Applicants

control, through ownership and

management, one other rail carrier,

Montana Rail Link, Inc. (MRL), a Class

II railroad operating in Montana, Idaho,

and Washington.

This proceeding is related to STB

Finance Docket No. 33326, wherein

I&M, a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 and 1150.35 to acquire from

Soo Line Railroad Company, d/b/a/

Canadian Pacific Railway (CPR), and

operate approximately 1,109 miles of

rail line and 262 miles of trackage rights

in Iowa, Illinois, Minnesota, Missouri,

Wisconsin, and Kansas. The system to

be acquired by I&M, which is more fully

described in the STB Finance Docket

No. 33326 notice published

concurrently herewith, consists

generally of: (1) CPR’s ‘‘KC Mainline’’

between Kansas City, MO, and Pingree

Grove, IL, including trackage rights

between Pingree Grove and Chicago, IL;

and (2) CPR’s ‘‘Corn Lines’’ between

Sabula and Sheldon, IA, including

branch lines and trackage rights in

southern Minnesota. Upon acquiring

such lines and trackage rights, I&M will

become a Class II rail carrier.

Applicants state that: (i) I&M and

MRL will not connect with each other

or with any railroad in their corporate

family; (ii) the continuance in control is

not part of a series of anticipated

transactions that would connect the

railroads with each other or with any

railroad in their corporate family; and

(iii) the transaction does not involve any

Class I carriers. Therefore, the

transaction is exempt from the prior

approval requirements of 49 U.S.C.

11323. See 49 CFR 1180.2(d)(2).

Pursuant to a decision of the Board

served April 2, 1997, I&M may

consummate its proposed acquisition on

or after April 4, 1997. I&M intends to

consummate that acquisition as soon as

practicable. The control transaction in

the instant docket will be consummated

simultaneously therewith.

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Although applicants do not

expect any employees to be adversely

affected by this control transaction, they

have agreed to apply employee

protective conditions pursuant to 49

U.S.C. 11326(a). Therefore, any

employees adversely affected by the

control transaction will be protected by

the conditions set forth in New York

Dock Ry.—Control—Brooklyn Eastern

Dist., 360 I.C.C. 60 (1979).

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 will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33327, 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, one copy of each

pleading must be served on Mark H.

Sidman, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., 1350 New York Avenue,

N.W., Suite 800, Washington, DC

20005–4797.

Decided: April 3, 1997.