[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Notices]
[Pages 40474-40475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19614]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

[STB Finance Docket No. 32951]


Cen-Tex Rail Link, Ltd.--Merger Exemption--South Orient Railroad 
Company, Ltd.

    Cen-Tex Rail Link, Ltd. (Cen-Tex) has filed a notice of exemption 
to merge with South Orient Railroad Company, Ltd. (SORC). Cen-Tex and 
SORC are commonly controlled Class III rail carriers that own and 
operate rail property in Texas.2 Under the Agreement and Plan of 
Merger, SORC will be merged with and into Cen-Tex, which will be the 
successor partnership. The name of the surviving partnership would be 
changed from Cen-Tex Rail Link, Ltd. to South Orient Railroad Company 
Ltd.3 The transaction was to be consummated on or after July 18, 
1996.
---------------------------------------------------------------------------

    \2\ See Joel T. Williams, III, Roy C. Coffee, Jr., Rafael 
Fernandez-MacGregor, and Bristol Investment Co., Inc.--Cen-Tex Rail 
Link, Ltd. and South Orient Railroad Company, Ltd., Finance Docket 
No. 32478 (ICC served Aug. 16, 1994).
    \3\ Counsel has confirmed that Cen-Tex Rail Link, Ltd. has 
changed its name to South Orient Railroad Company, Ltd.
---------------------------------------------------------------------------

    Because the parties are members of the same corporate family, and 
the merger will not result in adverse changes in service levels, 
significant operational changes, or a change in the competitive balance 
with carriers operating outside the corporate family, the transaction 
qualifies for the class

[[Page 40475]]

exemption at 49 CFR 1180.2(d)(3). The purpose of the transaction is to 
streamline corporate functions and improve the efficiency of the 
surviving entity.
    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. 32951, 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: Kevin M. Sheys, 
Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, N.W., Washington, 
DC 20036.

    Decided: July 26, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-19614 Filed 8-1-96; 8:45 am]
BILLING CODE 4915-00-P