[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Notices]
[Page 28850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12164]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35502]


Northern Plains Railroad, Inc.--Intra-Corporate Family Operation 
Exemption--Mohall Central Railroad, Inc.

    Northern Plains Railroad, Inc. (NPR), a Class III rail common 
carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(3) for a transaction within a corporate family. The 
transaction allows NPR to continue to operate the rail line of Mohall 
Central Railroad, Inc. (MHC), also a Class III rail carrier.\1\ NPR 
currently operates the MHC line pursuant to an October 18, 2005 
Operating Agreement with MHC; \2\ however, since MHC became a Class III 
rail carrier, it has abandoned 2 segments of its rail line.\3\ This 
transaction allows NPR to enter into a new agreement to continue to 
operate the remaining 19.31 miles of MHC's line, between milepost 
48.19, near Munich, and milepost 67.5, near Calvin. NPR, MHC, and a 
third Class III rail carrier, Mohall Railroad, Inc., are commonly 
controlled by Gregg Haug, a noncarrier individual.\4\
---------------------------------------------------------------------------

    \1\ See Mohall Cent. R.R.--Acquis. & Operation Exemption--Rail 
Line of BNSF Ry., FD 34759 (STB served Oct. 25, 2005).
    \2\ See N. Plains. R.R.--Operation Exemption--Rail Line of 
Mohall Cent. R.R., FD 34780 (STB served Dec. 29, 2005) (serving 
notice that NPR will operate 69.15 miles of rail line owned by MHC, 
extending from milepost 3.75, near Lakota, N.D., to milepost 72.9, 
at Sarles, N.D.).
    \3\ See Mohall Cent. R.R.--Aban. Exemption--in Cavalier County, 
N.D., AB 1003 (Sub-No. 1X) (STB served Dec. 16, 2010) (serving 
notice that MHC will abandon the segment of its line between 
milepost 67.5, near Calvin, N.D., and milepost 72.9, at Sarles) and 
Mohall Cent. R.R.--Aban. Exemption--in Nelson, Ramsey, & Cavalier 
Counties, N.D., AB 1003X (STB served Oct. 29, 2007) (serving notice 
that MHC will abandon the segment of its line between milepost 3.75, 
near Lakota, and milepost 48.19, near Munich, N.D.).
    \4\ See Gregg Haug--Continuance in Control Exemption--N. Plains 
R.R., FD 34828 (STB served May 10, 2006).
---------------------------------------------------------------------------

    The transaction is expected to be consummated on June 1, 2011, the 
effective date of this exemption (30 days after the exemption was 
filed).
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). According to NPR, the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
changes in the competitive balance with carriers outside the corporate 
family.
    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 Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
of the carriers involved are Class III carriers.
    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 will not automatically stay the transaction. Petitions for stay 
must be filed no later than May 25, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35502, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    Board decisions and notices are available on our website at 
``http://www.stb.dot.gov.''

    Decided: May 12, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-12164 Filed 5-17-11; 8:45 am]
BILLING CODE 4915-01-P