[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Page 29794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14900]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32970]


BHP Copper, Inc.--Continuance in Control Exemption--BHP Nevada 
Railroad Company

    BHP Copper, Inc. (BHP Copper), a noncarrier holding company, has 
filed a notice of exemption to continue in control of BHP Nevada 
Railroad Company (BNR), upon BNR's becoming a Class III rail carrier. 
Consummation was expected to occur on or after May 31, 1996.
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    \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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    BNR, a noncarrier, has concurrently filed a notice of exemption in 
BHP Nevada Railroad Company--Acquisition and Operation Exemption--
Northern Nevada Railroad Corporation, STB Finance Docket No. 32969, to 
acquire approximately 150.241 miles of rail lines of Northern Nevada 
Railroad Corporation (NN) in Elko and White Pine Counties, NV.
    BHP Copper controls two other nonconnecting Class III rail 
carriers: San Manuel Arizona Railroad Company (SMA) and Magma Arizona 
Railroad Company (MAA) operating in Arizona.
    BHP Copper states that: (1) BNR 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 
BNR 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. 
11343. 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 reopen will not 
automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32970, 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: Fritz R. Kahn, Fritz 
R. Kahn, P.C., Suite 750 West, 1100 New York Avenue, NW., Washington, 
DC 20005-3934.

    Decided: June 4, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-14900 Filed 6-11-96; 8:45 am]
BILLING CODE 4915-00-P