[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