[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Page 29794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14900]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32970]
BHP Copper, Inc.--Continuance in Control Exemption--BHP Nevada
Railroad Company
BHP Copper, Inc. (BHP Copper), a noncarrier holding company, has
filed a notice of exemption to continue in control of BHP Nevada
Railroad Company (BNR), upon BNR's becoming a Class III rail carrier.
Consummation was expected to occur on or after May 31, 1996.
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\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.
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BNR, a noncarrier, has concurrently filed a notice of exemption in
BHP Nevada Railroad Company--Acquisition and Operation Exemption--
Northern Nevada Railroad Corporation, STB Finance Docket No. 32969, to
acquire approximately 150.241 miles of rail lines of Northern Nevada
Railroad Corporation (NN) in Elko and White Pine Counties, NV.
BHP Copper controls two other nonconnecting Class III rail
carriers: San Manuel Arizona Railroad Company (SMA) and Magma Arizona
Railroad Company (MAA) operating in Arizona.
BHP Copper states that: (1) BNR will not connect with any of the
other railroads in its corporate family; (2) the continuance in control
is not part of a series of anticipated transactions that would connect
BNR with any other railroad in its corporate family; and (3) the
transaction does not involve a Class I railroad. The transaction
therefore is exempt from the prior approval requirements of 49 U.S.C.
11343. 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 railroad carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be
filed at any time. The filing of a petition to reopen will not
automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 32970, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423 and served on: Fritz R. Kahn, Fritz
R. Kahn, P.C., Suite 750 West, 1100 New York Avenue, NW., Washington,
DC 20005-3934.
Decided: June 4, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-14900 Filed 6-11-96; 8:45 am]
BILLING CODE 4915-00-P
