[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Page 49524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24138]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 33050]
Dubois County Railroad Corporation and Indiana Railway Museum,
Inc.--Corporate Family Transaction Exemption
Dubois County Railroad Corporation (Dubois) and Indiana Railway
Museum, Inc. (Indiana) have filed a joint notice of exemption to
undertake a corporate family transaction. Under the Assignment of
Purchase Rights agreement, Dubois, a wholly owned Class III line rail
carrier, will assign the rights it acquires from Norfolk Southern
Railway Company (NS) 2 to its parent Indiana, a noncarrier. Dubois
will continue to operate the line.3 Consummation is expected to
occur after the August 30, 1996 effective date but no later than
December 31, 1996.
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\1\ The ICC Termination Act of 1995, Pub. L. 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.
\2\ Dubois has concurrently filed a notice of exemption in
Dubois County Railroad Corporation--Acquisition and Operation
Exemption--Norfolk Southern Railway Company, STB Finance Docket No.
33049, to acquire and operate 16.4 miles of rail line between
milepost 46.9-EB at Huntingburg, IN, and milepost 63.3-EB at Dubois,
IN.
\3\ Dubois states that it currently operates the rail line
pursuant to a trackage rights agreement with NS that was the subject
of a notice of exemption in Finance Docket No. 32323.
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This is a transaction within a corporate family of the type
specifically exempted from prior review and approval under 49 CFR
1180.2(d)(3). The transaction will not result in adverse changes in
service levels, significant operational changes, or a change in the
competitive balance with carrier operating outside applicant's
corporate family. The purpose of the transaction is to enable Indiana
to expand its historic preservation and educational mission while
preserving rail service to shippers.
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. 33050, 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: Carl M. Miller, 618
Professional Park Drive, P. O. Box 332, New Haven, IN 46774-0332.
Decided: September 16, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-24138 Filed 9-19-96; 8:45 am]
BILLING CODE 4915-00-P
