[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Notices]
[Page 23824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11362]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33578]
North American Railnet, Inc.; Continuance in Control Exemption;
Camas Prairie Railnet, Inc.
North American Railnet, Inc. has filed a notice of exemption to
continue in control of the Camas Prairie Railnet, Inc. (CSPR), upon
CSPR's becoming a Class III railroad.
The transaction was scheduled to be consummated on or after April
17, 1998.
This transaction is related to STB Finance Docket No. 33558, Camas
Prairie Railnet, Inc.--Acquisition and Operation Exemption--Camas
Prairie Railroad Company, Union Pacific Railroad Company, and The
Burlington Northern and Santa Fe Railway, wherein CSPR seeks to acquire
and operate a series of interconnected rail lines from the Camas
Prairie Railroad Company, the Union Pacific Railroad Company, and The
Burlington Northern and Santa Fe Railway Company.
Applicant controls two existing Class III railroads: Nebraska,
Kansas, & Colorado Railnet, Inc., operating in the States of Kansas,
Nebraska, and Colorado; and Illinois RailNet, Inc., operating in the
State of Illinois.
Applicant states that: (i) The rail lines to be operated by CSPR do
not connect with any railroad in the corporate family; (ii) the
transaction is not part of a series of anticipated transactions that
would connect CSPR's lines with any railroad in the corporate family;
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. 33578, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Robert A. Wimbish, Esq., Rea, Cross & Auchincloss, 1707 L,
N.W., Suite 570, Washington, DC 20036.
Decided: April 23, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-11362 Filed 4-29-98; 8:45 am]
BILLING CODE 4915-00-P
