[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Page 27383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13689]



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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. 32953]


Neptune Partners, Ltd.--Continuance in Control Exemption--Great 
Western Lines, LLC

    Neptune Partners, Ltd. (Neptune), a noncarrier, has filed a notice 
of exemption to continue in control of Great Western Lines, LLC (GWL), 
upon GWL's becoming a Class III rail carrier.
    The transaction was expected to be consummated on or after May 20, 
1996.
    This transaction is related to STB Finance Docket No. 32952, Great 
Western Lines, LLC--Acquisition Exemption---Burlington Northern 
Railroad Company, wherein GWL seeks to acquire certain rail lines from 
the Burlington Northern Railroad Company.
    Neptune owns and controls one existing Class III common carrier by 
rail: Northern Ohio & Western Railway, LLC (NOWRR), operating in Ohio.
    Neptune states that: (i) the railroads will not connect with each 
other; (ii) the continuance in control is not part of a series of 
anticipated transactions that would connect GWL with NOWRR; 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. 32953, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Karl Morell, Ball, Janik & Novack, 1101 
Pennsylvania Avenue, N.W., Suite 1035, Washington, DC 20004.

    Decided: May 24, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13689 Filed 5-30-96; 8:45 am]
BILLING CODE 4915-00-P