[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17284-17285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9096]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33327]
Dennis Washington, et al.; Continuance in Control Exemption; I&M
Rail Link, LLC
Dennis Washington, William H. Brodsky, Mort Lowenthal, Dorn
Parkinson, J. Fred Simpson, and Thomas J. Walsh, noncarrier individuals
(applicants), have filed a verified notice of exemption to continue in
control, through ownership and management, of I&M Rail Link, LLC (I&M)
upon I&M's becoming a rail carrier. Applicants control, through
ownership and management, one other rail carrier, Montana Rail Link,
Inc. (MRL), a Class II railroad operating in Montana, Idaho, and
Washington.
This proceeding is related to STB Finance Docket No. 33326, wherein
I&M, a noncarrier, has filed a verified notice of exemption under 49
CFR 1150.31 and 1150.35 to acquire from Soo Line Railroad Company, d/b/
a/ Canadian Pacific Railway (CPR), and operate approximately 1,109
miles of rail line and 262 miles of trackage rights in Iowa, Illinois,
Minnesota, Missouri, Wisconsin, and Kansas. The system to be acquired
by I&M, which is more fully described in the STB Finance Docket No.
33326 notice published concurrently herewith, consists generally of:
(1) CPR's ``KC Mainline'' between Kansas City, MO, and Pingree Grove,
IL, including trackage rights between Pingree Grove and Chicago, IL;
and (2) CPR's ``Corn Lines'' between Sabula and Sheldon, IA, including
branch lines and trackage rights in southern Minnesota. Upon acquiring
such lines and trackage rights, I&M will become a Class II rail
carrier.
Applicants state that: (i) I&M and MRL will not connect with each
other or with any railroad in their corporate family; (ii) the
continuance in control is not part of a series of anticipated
transactions that would connect the railroads with each other or with
any railroad in their corporate family; and (iii) the transaction does
not involve any Class I carriers. Therefore, the transaction is exempt
from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR
1180.2(d)(2).
Pursuant to a decision of the Board served April 2, 1997, I&M may
consummate its proposed acquisition on or after April 4, 1997. I&M
intends to consummate that acquisition as soon as practicable. The
control transaction in the instant docket will be consummated
simultaneously therewith.
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. Although applicants do not
expect any employees to be adversely affected by this control
transaction, they have agreed to apply employee protective conditions
pursuant to 49 U.S.C. 11326(a). Therefore, any employees adversely
affected by the control transaction will be protected by the conditions
set forth in New York Dock Ry.--Control--Brooklyn Eastern Dist., 360
I.C.C. 60 (1979).
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. 33327, 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, one copy of each pleading must
be served on Mark H. Sidman, Esq., Weiner, Brodsky, Sidman & Kider,
P.C., 1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.
Decided: April 3, 1997.
[[Page 17285]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-9096 Filed 4-8-97; 8:45 am]
BILLING CODE 4915-00-P
