[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Pages 67139-67140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31398]



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INTERSTATE COMMERCE COMMISSION
[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

    \1\ Concurrently 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.
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    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.

    \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.
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    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.


[[Page 67140]]

    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