[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Page 30810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15065]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33598]
OmniTRAX, Inc.--Control Exemption--Northern Ohio & Western
Railway, LLC
OmniTRAX, Inc. (OmniTRAX), a noncarrier holding company has filed a
notice of exemption to control Northern Ohio & Western Railway, LLC
(NOW), a Class III rail carrier. OmniTRAX is proposing to acquire all
of the issued and outstanding stock of NOW.
The transaction was scheduled to be consummated on May 14, 1998,
the effective date of the exemption.
Applicant currently controls 9 Class III railroad subsidiary
operating in 7 states: Central Kansas Railway LLC and Kansas
Southwestern Railway LLC, in Kansas; Chicago Rail Link LLC and
Manufacturers' Junction Railway LLC, in Illinois; Georgia Woodlands
Railroad LLC, in Georgia; Great Western Railway of Colorado LLC, in
Colorado; Great Western Railway of Iowa LLC, in Iowa; Newburgh and
South Shore Railroad Limited, in Ohio; and Panhandle Northern Railroad
LLC, in Texas.
OmniTRAX states that: (1) the railroads do not connect with each
other or any railroad in their corporate family; (ii) the acquisition
of control is not part of a series of anticipated transactions that
would connect the ten railroads with each other or any railroad in
their 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. 33598, 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 Karl Morell, Esq., BALL JANIK LLP 1455 F Street, N.W., Suite
225, Washington, DC 20005.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: June 2, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-15065 Filed 6-4-98; 8:45 am]
BILLING CODE 4915-00-P
