[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Notices]
[Pages 38228-38229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18847]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33623]
Richard B. Webb and Susan K. Lundy--Continuance in Control
Exemption--Timber Rock Railroad, Inc.
Richard B. Webb and Susan K. Lundy (Applicants), have filed a
verified notice of exemption to continue in control of Timber Rock
Railroad, Inc. (TRRR), upon TRRR becoming a Class III railroad.
The transaction was scheduled to be consummated on or shortly after
June 23, 1998.
This transaction is related to STB Finance Docket No. 33618, Timber
Rock Railroad, Inc.--Acquisition and Operation Exemption--Lines of the
Burlington Northern and Santa Fe Railway Company, wherein Applicants
seek to acquire and operate a rail line from BNSF.
In addition to TRRR,1 Applicants controls two existing
Class III railroads: South Kansas and Oklahoma Railroad Company (SKO),
operating in Kansas and Oklahoma; and Palouse River & Coulee City
Railroad, Inc. (PRCC), operating in Washington and Idaho.2
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\1\ TRRR is a noncarrier corporation formed for the purpose of
acquiring the rail line from BNSF and operating the 38.4 miles of
rail line.
\2\ On May 15, 1998, applicants filed a petition for exemption
seeking Board approval to indirectly control the Blue Mountain
Railroad, Inc., and the Southeast Kansas Railroad Company in STB
Finance Docket No. 33603, Richard B. Webb and Susan K. Lundy--
Control Exemption--Blue Mountain Railroad, Inc. and Southeast Kansas
Railroad Company. This proceedings is currently pending. Also on
June 16, 1998, Applicants filed a notice of exemption seeking to
continue in control of Stillwater Central Railroad, Inc. in SBT
Finance Docket No. 33619, Richard B. Webb and Susan K. Lundy--
Continuance in Control Exemption--Stillwater Central Railroad, Inc.,
which is also pending before the Board.
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Applicants state that: (i) the rail lines operated by SKO and PRCC
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 TRRR's line 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. 33623, 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, Of Counsel, BALL JANIK LLP, 1455 F Street, NW.,
Suite 225, Washington, D.C. 20005.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
[[Page 38229]]
Decided:
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-18847 Filed 7-14-98; 8:45 am]
BILLING CODE 4915-00-P
