Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices 67139

1Although the verified notice was filed by SRR,

it is signed by Michael G. Hart in his capacity as

President of Coast. This is sufficient to treat the

verified notice as having been filed by both SRR

and Coast.

2 A small carrier transfer application is for motor

carriers. This procedure is not available for rail

transactions.

3Legislation to sunset the Commission on

December 31, 1995, and transfer remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address.

1Concurrently with Finance Docket No. 32808,

TCW filed a verified notice of exemption in Twin

Cities & Western Railroad Company—Trackage

Rights Exemption—Soo Line Railroad Company d/

b/a/ CP Rail System, Finance Docket No. 32809, to

obtain overhead trackage rights on track which

connects with the subject line. The connecting track

is owned by CPRS, extends from milepost 17.23 at

St. Louis Park, MN, and connects at milepost 26.00,

near Bloomington, MN. It also connects with the

subject line at milepost 27.11, and extends to

milepost 28.04, near Savage, MN. The trackage

rights were scheduled to become effective on or

after December 14, 1995.

2 Douglas M. Head, Kent P. Shoemaker, and

Charles H. Clay, the stockholders of MRBC, do not

qualify for a class exemption under 49 CFR

1180.2(d)(2) because: (1) they hold controlling

ownership of MRBC, TCW, and Red River Valley &

Western Railroad Company; and (2) the 1.11 mile

line to be acquired here from CPRS connects with

a rail line owned by CPRS, on which TCW,

controlled by the above-named stockholders,

anticipates acquiring trackage rights in Finance

Docket No. 32809. Thus, the stockholders have

established a voting trust to insulate themselves

from authorized acquisition of control of MRBC

until the petition for exemption for control is acted

upon.

3 Legislation to sunset the Commission on

December 31, 1995, and transfer the remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address: Interstate Commerce Commission, 1201

Constitution Avenue, N.W., Washington, DC 20423.

Restricted Areas

Spruce Reach is located

approximately three miles east of

Reedsport, Oregon, adjacent to Oregon

State Highway 38 and Dean Creek Elk

Viewing Area and is further described

as follows:

Township 21 South, Range 11 West,

Willamette Meridian

Sec. 32 M&B within lot 8

Sec. 33 M&B of lots 5, 6, and 7 and

S1⁄2SW1⁄4 and SW1⁄4SE1⁄4

All north of Oregon State Highway 38.

FOR FURTHER INFORMATION CONTACT:

Larry Johnston, Park Ranger, Umpqua

Resource Area, Coos Bay District,

Bureau of Land Management, 1300

Airport Lane, North Bend, Oregon

97459, Telephone: (541) 756–0100.

Daryl L. Albiston,

Umpqua Area Manager.

[FR Doc. 95–31350 Filed 12–27–95; 8:45 am]

BILLING CODE 4310–33–M

INTERSTATE COMMERCE

COMMISSION

[Finance Docket No. 32818]

Coast Enterprises, Inc.—Acquisition

Exemption—Sierra Pacific Coast

Railway, Inc.; Sierra Railroad, a

Division of Coast Enterprises, Inc.—

Operation Exemption—Coast

Enterprises, Inc.

Coast Enterprises, Inc. (Coast) and

Sierra Railroad, a Division of Coast

Enterprises, Inc. (SSR), have filed a

verified notice under 49 CFR Part 1150,

Subpart D—Exempt Transactions for

Coast to acquire from Sierra Pacific

Coast Railway, Inc. (SPCR) and for SSR

to operate, approximately 49 miles of

rail line, between milepost 0.0 at

Oakdale, in Stanislaus County, CA, and

the end of the line at milepost 49.0 at

Fassler, in Tuolumne County, CA.1

The transaction was consummated on

or about September 29, 1995. The notice

of exemption was filed on November 27,

1995, and became effective, pursuant to

49 CFR 1150 Subpart D, on December 4,

1995. On or about July 1, 1995, SRR

filed a small carrier transfer application

with the Commission seeking approval

for SRR’s acquisition of the line from

SPCR. That application was rejected.2 In

addition, Coast’s and SRR’s

representative informed the

Commission staff that their original

representative that handled this case left

the firm, and the case had to be handled

by another representative with guidance

from our Office of Public Assistance. It

would appear that Coast and SSR were

unaware that consummation should not

have occurred before the effective date

of the exemption.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10505(d) may be filed

at any time. The filing of a petition to

revoke will not stay the exemption’s

effectiveness. An original and 10 copies

of all pleadings, referring to Finance

Docket No. 32818, must be filed with he

Office of the Secretary, Case Control

Branch, Interstate Commerce

Commission,3 Washington, DC 20423. In

addition, a copy of each pleading must

be served on Michael G. Hart, President,

Coast Enterprises, Inc. 17516 Old

Summit Road, Los Gatos, CA 95030.

Decided: December 20, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31401 Filed 12–27–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32807]

Minnesota River Bridge Company—

Acquisition and Operation

Exemption—Soo Line Railroad

Company d/b/a CP Rail System

Minnesota River Bridge Company

(MRBC), a noncarrier, has filed a notice

of exemption to acquire and operate

approximately 1.11 miles of track,

including a railroad bridge over the

Minnesota River, owned by the Soo Line

Railroad Company d/b/a CP Rail System

(CPRS), between milepost 26.0, near the

city of Bloomington, in Hennepin

County, MN, to milepost 27.11, near the

city of Savage, in Scott County, MN. As

part of the agreement between MRBC

and CPRS, CPRS will retain trackage

rights over the line. The parties

expected to consummate the acquisition

on or after December 13, 1995.

This proceeding is related to Twin

Cities & Western Railroad Company—

Operation Exemption—Minnesota River

Bridge Company, Finance Docket No.

32808, wherein Twin Cities & Western

Railroad Company (TCW) filed a notice

of exemption to operate the line.1 MRBC

will retain a residual obligation to

provide common carrier service on the

line. TCW and MRBC expected to enter

into an operation agreement on or after

December 13, 1995, and expected to

consummate that transaction on or after

December 14, 1995. Also related to this

proceeding is Douglas M. Head, Kent P.

Shoemaker, and Charles H. Clay—

Continuance in Control Exemption—

Minnesota River Bridge Company,

Finance Docket No. 32810, in which the

owners of MRBC have concurrently

filed a petition of exemption to continue

in control of MRBC when it becomes a

rail carrier upon consummation of the

transactions described in this notice.2

Any comments must be filed with the

Commission 3 and served on: Jo A.

Deroche, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., Suite 800, 1350 New York

Avenue, N.W. Washington, DC 20005–

4797.

This notice is filed under 49 CFR

1150.31. If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10505(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

Decided: December 20, 1995.
67140 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

1MRBC filed a verified notice of exemption in

Minnesota River Bridge Company—Acquisition and

Operation Exemption—Soo Line Railroad Company

d/b/a CP Rail System, Finance Docket No. 32807,

to acquire and operate the line. MRBC will retain

a residual obligation to provide common carrier

service on the line. The parties expected to

consummate the acquisition on or after December

13, 1995. The owners of MRBC concurrently filed

a petition for exemption in Douglas M. Head, Kent

P. Shoemaker, and Charles H. Clay—Continuance

in Control Exemption—Minnesota River Bridge

Company, Finance Docket No. 32810, to continue

in control of MRBC when it becomes a rail carrier.

Douglas M. Head, Kent P. Shoemaker, and Charles

H. Clay, MRBC’s stockholders, do not qualify for a

class exemption under 49 CFR 1180.2(d)(2) because:

(1) they hold controlling ownership of MRBC, TCW,

and Red River Valley & Western Railroad Company;

and (2) the subject line connects with a rail line

owned by Soo Line Railroad Company d/b/a CP

Rail System (CPRS) on which TCW, controlled by

the above-named stockholders, anticipates

acquiring trackage rights in Finance Docket No.

32809, as described above. Thus, the stockholders

have established a voting trust to insulate

themselves from authorized acquisition of control

of MRBC until the petition for exemption for

control is acted upon.

2 Legislation to sunset the Commission on

December 31, 1995, and transfer the remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address: Interstate Commerce Commission, 1201

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

20423.

1See Twin Cities & Western Railroad Company—

Trackage Rights Exemption—Soo Line Railroad

Company, Finance Docket No. 31914 (ICC served

Aug. 14, 1991).

2MRBC filed a verified notice of exemption in

Minnesota River Bridge Company—Acquisition and

Operation Exemption—Soo Line Railroad Company

d/b/a CP Rail System, Finance Docket No. 32807,

to acquire and operate the line. MRBC will retain

a residual obligation to provide common carrier

service on the line. The parties expected to

consummate the acquisition on or after December

13, 1995. MRBC’s owners concurrently filed a

petition for exemption in Douglas M. Head, Kent P.

Shoemaker, and Charles H. Clay—Continuance in

Control Exemption—Minnesota River Bridge

Company, Finance Docket No. 32810, to continue

in control of MRBC when it becomes a rail carrier

upon consummation of the transactions described

in this notice. Douglas M. Head, Kent P. Shoemaker,

and Charles H. Clay, MRBC’s stockholders, do not

qualify for a class exemption under 49 CFR

1180.2(d)(2) because: (1) they hold controlling

ownership of MRBC, TCW, and Red River Valley &

Western Railroad Company; and (2) the subject line

connects with a rail line owned by Soo Line

Railroad Company d/b/a CP Rail System (CPRS) on

which TCW, controlled by the stockholders,

anticipates acquiring trackage rights. Thus, the

stockholders have established a voting trust to

insulate themselves from authorized acquisition of

control of MRBC until the petition for exemption

for control is acted upon.

3Legislation to sunset the Commission on

December 31, 1995, and transfer the remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address: Interstate Commerce Commission, 1201

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

20423.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31398 Filed 12–27–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32808]

Twin Cities & Western Railroad

Company—Operation Exemption—

Minnesota River Bridge Company

Twin Cities & Western Railroad

Company (TCW) has filed a notice of

exemption to operate approximately

1.11 miles of track owned by Minnesota

River Bridge Company (MRBC),1

between milepost 26.0 near the city of

Bloomington, in Hennepin County, MN,

to milepost 27.11 near the city of

Savage, in Scott County, MN. The

parties expected to enter into an

operation agreement on or after

December 13, 1995, and to consummate

the transaction on or after December 14,

1995.

Concurrently with this notice, TCW

filed a notice of exemption in Twin

Cities & Western Railroad Company—

Trackage Rights Exemption—Soo Line

Railroad Company d/b/a/ CP Rail

System, Finance Docket No. 32809, to

obtain overhead trackage rights on 9.7

miles of track connected to the subject

line. This track extends from milepost

17.23 at St. Louis Park, MN, to its

connection with the subject line at

milepost 26.00, near Bloomington, MN.

It also connects with the line at milepost

27.11, and extends to milepost 28.04,

near Savage, MN. The trackage rights

were scheduled to become effective on

or after December 14, 1995.

Any comments must be filed with the

Commission 2 and served on: Jo A.

Deroche, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., Suite 800, 1350 New York

Avenue, N.W., Washington, DC 20005–

4797.

This notice is filed under 49 CFR

1150.31. If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10505(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

Decided: December 20, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31399 Filed 12–27–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32809]

Twin Cities & Western Railroad

Company—Trackage Rights

Exemption—Soo Line Railroad

Company d/b/a CP Rail System

Soo Line Railroad Company d/b/a CP

Rail System (CPRS) has agreed to grant

overhead trackage rights to Twin Cities

& Western Railroad Company (TCW)

over approximately 9.7 miles of its rail

line from milepost 17.23, at St. Louis

Park, to milepost 26.0, near the city of

Bloomington, in Hennepin County, MN,

and from milepost 27.11 to milepost

28.04, near the city of Savage, in Scott

County, MN. CPRS previously granted

trackage rights to TCW within the Twin

Cities Terminal.1 CPRS will amend that

trackage rights agreement to enable

TCW to provide switching service to

industries located in Savage. The

trackage rights were scheduled to

become effective on or after December

14, 1995.

Concurrently with this notice, TCW

filed a notice of exemption in Twin

Cities & Western Railroad Company—

Operation Exemption—Minnesota River

Bridge Company, Finance Docket No.

32808, to operate 1.11 miles of track

owned by Minnesota River Bridge

Company (MRBC).2 MRBC’s track

connects to the subject line at milepost

26.00, near Bloomington, MN, and at

milepost 27.11, near Savage, MN. TCW

and MRBC expected to enter into an

operation agreement on or after

December 13, 1995, and expected to

consummate that transaction on or after

December 14, 1995.

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.

10505(d) may be filed at any time. The

filing of a petition to revoke will not

automatically stay the transaction.

Pleadings must be filed with the

Commission 3 and served on: Jo A.

Deroche, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., Suite 800, 1350 New York

Avenue, N.W. Washington, DC 20005–

4797.

As a condition to the use of this

exemption, any employees adversely

affected by the trackage rights will be

protected under 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: December 20, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31400 Filed 12–27–95; 8:45 am]

BILLING CODE 7035–01–P