94-2585. Corrected Notice of Exemption \ Nebkota Railway, Inc. Acquisition and Operation Exemption; Line of Chicago and North Western Transportation Company

  • [Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-2585]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 4, 1994]
    
    
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    INTERSTATE COMMERCE COMMISSION
     
    
    Corrected Notice of Exemption\ Nebkota Railway, Inc.--
    Acquisition and Operation Exemption; Line of Chicago and North Western 
    Transportation Company
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        \1\A notice served and published in the Federal Register on 
    January 24, 1994, incorrectly conditioned the exemption to protect 
    employees affected by the acquisition and operation under New York 
    Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979), and 
    employees affected by the trackage rights under Norfolk and Western 
    R. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in 
    Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980). 
    Those conditions should not have been included; they are not 
    routinely imposed in an exemption from the requirements of 49 U.S.C. 
    10901.
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    [Finance Docket No. 32442]
        NEBKOTA Railway, Inc. (NEBKOTA), a noncarrier, has filed a notice 
    of exemption under 49 CFR 1150.31 to acquire and operate a 73.5-mile 
    line of the Chicago and North Western Transportation Company (CNW) 
    between Merriman, NE, at or near milepost 331.0, and Chadron, NE., at 
    or near milepost 404.5.
        The transaction includes incidental trackage rights for NEBKOTA 
    over a 27.8-mile CNW rail line between Chadron, NE, at or near milepost 
    404.5, and Crawford, NE, at or near milepost 432.3, to allow NEBKOTA to 
    interchange with Burlington Northern Railroad Company. The transaction 
    was to become effective on or after January 10, 1994. The parties 
    certify that NEBKOTA's projected revenues do not exceed those that 
    would qualify it as a class III carrier.
        If the notice of exemption contains false or misleading 
    information, the exemption is void ab initio. Petitions to revoke the 
    exemption under 49 U.S.C. 10505(d) may be filed at any time. The filing 
    of a petition to revoke will not automatically stay the transaction. 
    Pleadings must be filed with the Commission and served on Thomas F. 
    McFarland, Jr., Belnap, Spencer, McFarland & Herman, 20 North Wacker 
    Drive, suite 3118, Chicago, IL 60606-3103.
    
        Decided: January 14, 1994.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Sidney L. Strickland, Jr.,
    Secretary
    [FR Doc. 94-2585 Filed 2-3-94; 8:45 am]
    BILLING CODE 7035-01-P
    
    
    

Document Information

Published:
02/04/1994
Department:
Interstate Commerce Commission
Entry Type:
Uncategorized Document
Document Number:
94-2585
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 4, 1994