[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Notices]
[Page 25954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11994]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33717]
North American RailNet, Inc.--Continuance in Control Exemption--
Georgia & Florida RailNet, Inc.
North American RailNet, Inc. (NARN), has filed a notice of
exemption to continue in control of Georgia & Florida RailNet, Inc.
(GFRN), upon GFRN's becoming a Class III railroad.
The transaction was scheduled to be consummated on or shortly after
April 30, 1999.
This transaction is related to STB Finance Docket No. 33716,
Georgia & Florida RailNet, Inc.--Acquisition and Operation Exemption--
Lines of the Gulf & Ohio Railways Inc., wherein GFRN is seeking an
exemption to acquire and operate certain rail lines currently operated
by and owned by, or under the control of, Gulf & Ohio Railways, Inc.
NARN controls four existing Class III railroads: Nebraska, Kansas &
Colorado RailNet, Inc., operating in Nebraska, Kansas, and Colorado;
Illinois RailNet, Inc., operating in Illinois; Camas Prairie RailNet,
Inc., operating in Washington and Idaho; and Mississippi & Tennessee
RailNet, Inc.. operating in Mississippi and Tennessee.
NARN states that: (i) The rail lines operated by GFRN 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
GFRN'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 verified 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. 33717, 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: May 5, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-11994 Filed 5-12-99; 8:45 am]
BILLING CODE 4915-00-P
