[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Page 14967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7932]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33372]
Lake State Railway Company--Acquisition and Operation Exemption--
Detroit & Mackinac Railway Company
Lake State Railway Company (LSR), a Class III railroad, has filed a
notice of exemption to acquire and operate 275 miles of rail line
between Kawkawlin and Gaylord, MI, and between Pinconning and Rogers
City, MI, from the Detroit & Mackinac Railway Company (D&M), as
follows: (1) The Pinconning Subdivision, from approximately milepost
5.0 to milepost 11; (2) the Mackinac Subdivision, from approximately
milepost 116 to the end of the line at milepost 122; (3) the Huron
Subdivision, from approximately milepost 16 to milepost 151.25,
including the Pinconning crossover; (4) the Rogers City Branch from
milepost 0.0 to milepost 11.0; and (5) the Hillman Branch and the
Alabaster Branch.\1\
---------------------------------------------------------------------------
\1\ LSR currently leases and operates the rail lines that are
the subject of this notice from D&M. See Lake State Railway
Company--Lease and Operation Exemption--Detroit and Mackinac Railway
Company, Finance Docket No. 32012 (ICC served Feb. 27, 1997).
---------------------------------------------------------------------------
The transaction was to be consummated on or after the effective
date of the exemption (7 days after the notice of exemption was filed),
but no later than April 16, 1997.
LSR states that: (i) The acquisition will not place LSR in control
of any connecting railroads; (ii) the acquisition is not part of a
series of anticipated transactions that would place LSR in control of
any connecting railroad; and (iii) the transaction does not involve a
Class I carrier. 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. 33372, 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 Kelvin J. Dowd, Esq., Slover & Loftus, 1224 Seventeenth
Street NW., Washington, DC 20036.
Decided: March 24, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-7932 Filed 3-27-97; 8:45 am]
BILLING CODE 4915-00-P-M
