[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Notices]
[Page 54751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27370]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33665]


Twin Cities & Western Railroad Company--Trackage Rights 
Exemption--Minnesota Commercial Railway Company

    Minnesota Commercial Railway Company has agreed to grant overhead 
trackage rights to Twin Cities & Western Railroad Company (TCW) on its 
rail line (the Subject Line), which is located entirely within the 
State of Minnesota. The rail line extends south from St. Anthony, where 
it connects with a line of railroad owned and operated by The 
Burlington Northern and Santa Fe Railway Company (BNSF), to Merriam 
Park, where it connects with a line of railroad owned and operated by 
the Soo Line Railroad Company, d/b/a Canadian Pacific Railway (CPR).
    The transaction was scheduled to be consummated on or after 
September 30, 1998.
    The purpose of the overhead trackage rights is to allow TCW to 
avoid severe congestion on the BNSF line, on which TCW has existing 
trackage rights, between St. Anthony and CPR's St. Paul Yard. 
Specifically, the trackage rights will permit TCW to enter St. Paul via 
the CPR line, in accordance with a TCW-CPR interchange agreement.
    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. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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. 33665, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, NW, Suite 800, Washington, DC 20005-4797.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 5, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27370 Filed 10-9-98; 8:45 am]
BILLING CODE 4915-00-P