[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Notices]
[Pages 37932-37933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18568]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33625]
North American RailNet, Inc.--Continuance in Control Exemption--
Mississippi & Tennessee RailNet, Inc
North American RailNet, Inc. (NARN), has filed a verified notice of
exemption to continue in control of Mississippi & Tennessee RailNet,
Inc. (MTRN), upon MTRN becoming a Class III railroad.
The transaction was scheduled to be consummated on or shortly after
June 26, 1998.
This transaction is related to STB Finance Docket No. 33624,
Mississippi & Tennessee RailNet, Inc.--Acquisition and Operation
Exemption--The Kansas City Southern Railway Company, wherein MTRN seeks
to acquire and operate a rail line from The Kansas City Southern
Railway Company.
NARN controls three existing Class III railroads; Nebraska, Kansas
& Colorado RailNet, Inc., operating in Nebraska, Kansas, and Colorado;
Illinois RailNet, Inc., operating in Illinois; and Camas Prairie
RailNet, Inc., operating in Mississippi and Tennessee.
NARN states that: (i) The rail lines operated by MTRN 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
MTRN's lines with any railroad in the corporate family; and (iii) the
transaction does not involve a Class I carrier. Therefore, the
transaction is
[[Page 37933]]
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. 33625, 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 pending 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: July 6, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-18568 Filed 7-13-98; 8:45 am]
BILLING CODE 4915-00-M
