[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Page 60040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29824]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33676]


Minnesota Commercial Railway Company--Lease and Operation 
Exemption--Union Pacific Railroad Company

    Minnesota Commercial Railway Company (MC), a Class III rail 
carrier, has filed a notice of exemption under 49 CFR 1150.41 to 
acquire by long-term lease from the Union Pacific Railroad Company (UP) 
and operate approximately 2.95 miles +/-of industrial trackage in an 
area known as the Southeast Minneapolis Switching District.1
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    \1\ MC notes that the trackage is all yard limit industrial 
switching territory and that no mileposts are assigned this area by 
UP.
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    Because MC's projected annual revenues after the transaction will 
exceed $5 million, MC has certified to the Board that the required 
notice of the transaction was sent to the national offices of the labor 
unions representing employees on the line and posted at the workplace 
of the employees on the affected lines on August 31 1998. See 49 CFR 
1150.42(e).2 The transaction was scheduled to be consummated 
on November 1, 1998.
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    \2\ While the required notice to employees had been given on 
August 31, 1998, MC did not certify to the Board that it had done so 
until October 22, 1998, when it filed its notice of exemption. The 
exemption would normally become effective 60 days after MC's 
certification to the Board that it had complied with the Board's 
rule at 49 CFR 1150.42(e). In a decision in this proceeding served 
on October 30, 1998, however, the Board found that sufficient notice 
to rail employees and their representatives had been given in this 
case and, at the request of MC, waived, in part, the 60-day period 
to allow consummation on November 1, 1998.
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    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. 33676, 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 Eugenia Langan, Esq., Shea and Gardner, 1800 Massachusetts 
Avenue, N.W., Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: November 2, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-29824 Filed 11-5-98; 8:45 am]
BILLING CODE 4915-00-P