[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Page 27383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13689]
-----------------------------------------------------------------------1
---------------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to Board
jurisdiction pursuant to 49 U.S.C. 11323-24.
---------------------------------------------------------------------------
[STB Finance Docket No. 32953]
Neptune Partners, Ltd.--Continuance in Control Exemption--Great
Western Lines, LLC
Neptune Partners, Ltd. (Neptune), a noncarrier, has filed a notice
of exemption to continue in control of Great Western Lines, LLC (GWL),
upon GWL's becoming a Class III rail carrier.
The transaction was expected to be consummated on or after May 20,
1996.
This transaction is related to STB Finance Docket No. 32952, Great
Western Lines, LLC--Acquisition Exemption---Burlington Northern
Railroad Company, wherein GWL seeks to acquire certain rail lines from
the Burlington Northern Railroad Company.
Neptune owns and controls one existing Class III common carrier by
rail: Northern Ohio & Western Railway, LLC (NOWRR), operating in Ohio.
Neptune states that: (i) the railroads will not connect with each
other; (ii) the continuance in control is not part of a series of
anticipated transactions that would connect GWL with NOWRR; 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. 32953, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, a copy of each
pleading must be served on Karl Morell, Ball, Janik & Novack, 1101
Pennsylvania Avenue, N.W., Suite 1035, Washington, DC 20004.
Decided: May 24, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13689 Filed 5-30-96; 8:45 am]
BILLING CODE 4915-00-P
