[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Notices]
[Page 67140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31400]



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INTERSTATE COMMERCE COMMISSION
[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.

    \1\ See Twin Cities & Western Railroad Company--Trackage Rights 
Exemption--Soo Line Railroad Company, Finance Docket No. 31914 (ICC 
served Aug. 14, 1991).
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    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.

    \2\ MRBC 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.
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    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.

    \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, D.C. 20423.
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    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