[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Notices]
[Page 56244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26957]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33804]
Cascade Rail Corp., Inc.--Acquisition of Control Exemption--
Minnesota Central Railroad Company
Cascade Rail Corp., Inc. (Cascade), a noncarrier holding company,
which currently owns 100% of the common stock of Nobles Rock Railroad,
Inc. (NRR), a Class III rail carrier,1 has filed a verified
notice of exemption to acquire control of the Minnesota Central
Railroad Company (MCRC), a Class III rail carrier, operating over
approximately 146 miles of railroad in the State of Minnesota.
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\1\ NRR operates in the States of Minnesota and South Dakota.
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The transaction was expected to be consummated on or after October
8, 1999.2
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\2\ According to Cascade, it had not yet completed negotiations
with MCRC's current owners at the time it filed the notice of
exemption with respect to a transaction that would result in
transfer of control over MCRC to Cascade.
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Cascade states that (i) the rail lines of NRR do not physically
connect with MCRC, (ii) there are no plans to acquire additional rail
lines for the purpose of making a connection, and (iii) NRR and MCRC
are Class III carriers. Therefore, the transaction is exempt from the
prior approval requirements of 49 U.S.C. 11323. See 49 CFR
1180.2(d)(2).
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.
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.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33804, 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 Robert A. Wimbish, Esq., Rea, Cross & Auchincloss, 1707 L
Street, NW, Suite 570, Washington, DC 20036.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: October 8, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-26957 Filed 10-15-99; 8:45 am]
BILLING CODE 4915-00-P
