[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Page 39512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19176]
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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.
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[STB Finance Docket No. 33000]
TNW Corporation; Continuance in Control Exemption; Nebraska
Northeastern Railway Company
TNW Corporation (TNW), a noncarrier, has filed a notice of
exemption to continue in control of Nebraska Northeastern Railway
Company (NNR), upon NNR's becoming a Class III rail carrier. The
transaction was to have been consummated on or after July 19, 1996.
NNR, a noncarrier, has concurrently filed a notice of exemption in
Nebraska Northeastern Railway Company--Aquisition and Operation
Exemption--Burlington Northern Railroad Company, STB Finance Docket No.
32999, to acquire approximately 120.4 miles of rail lines of Burlington
Northern Railroad Company, between Ferry Station, NE, and O'Neill, NE.
TNW controls two other nonconnecting Class III rail carriers: Texas
North Western Railway Company and the Texas, Gonzales & Northern
Railway Company operating in Texas.
TNW states that: (1) NNR 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 NNR
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.
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 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 revoke will not
automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33000, 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: Eugenia Langan, Shea
& Gardner, 1800 Massachusetts Avenue, Street, N.W., Washington, DC
20036.
Decided: July 19, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-19176 Filed 7-26-96; 8:45 am]
BILLING CODE 4915-00-P
