[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Notices]
[Pages 57424-57425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24165]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33925]


Buffalo Ridge Regional Railroad Authority--Operation Exemption--
Rail Line Between Manley and Worthington, MN

    Buffalo Ridge Regional Railroad Authority (BRRRA),\1\ a noncarrier, 
has filed a verified notice of exemption (notice) under 49 CFR 1150.31 
to operate over its own rail line between milepost 0.0, at or near 
Agate, MN, and milepost 41.44, at or near Manley, MN, a distance of 
approximately 41.44 miles (line).\2\ In addition, BRRRA will operate, 
pursuant to incidental trackage rights, over a 3.4-mile rail line owned 
by Union Pacific Railroad Company between Agate and Worthington, MN, 
for a total of 44.84 miles.\3\
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    \1\ BRRRA is a political subdivision of the State of Minnesota.
    \2\ BRRRA's line is a segment of a 65.6-mile rail line 
previously owned and abandoned by the Chicago and North Western 
Transportation Company. See Chicago and North Western Transportation 
Company--Abandonment in Nobles and Rock Counties, MN, and Minnehaha 
County, SD, Docket No. AB-1 (Sub-No. 202) (ICC served June 16, 
1988). According to BRRRA, it acquired the line after consummation 
of the abandonment in Docket No. AB-1 (Sub-No. 202) but never 
operated the line itself.
    As noted in page 2 of the notice, BRRRA alternatively requested 
that, should the Board determine that BRRRA is an existing rail 
carrier, the notice of exemption for operation of the line should be 
deemed to be filed under 49 CFR 1150.41. Based on the 
representations made by BRRRA, use of the exemption at 49 CFR 
1150.31 from the requirements of 49 U.S.C. 10901 is appropriate.
    \3\ Nobles Rock Railroad Co. (NRRC) currently provides common 
carrier rail service over the line pursuant to Nobles Rock Railroad 
Co.--Lease and Operation Exemption--Buffalo Ridge Regional Railroad 
Authority, Finance Docket No. 32368 (ICC served Nov. 1, 1993). BRRRA 
states that NRRC appears to have become insolvent or close to 
insolvency and that termination of its lease to NRRC appears to be 
imminent. BRRRA further states that it now intends to operate the 
line itself.

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[[Page 57425]]

    The transaction is expected to be consummated no earlier than the 
September 15, 2000 effective date of the exemption.
    If the 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. 10502(d) may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33925, must be filed with the Office of the 
Secretary, Surface Transportation Board, Case Control Unit, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Thomas F. McFarland, Jr., Esq., McFarland & 
Herman, 20 North Wacker Drive, Suite 1330, Chicago, IL 60606-2902.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: September 14, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-24165 Filed 9-21-00; 8:45 am]
BILLING CODE 4915-00-P