[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Notices]
[Page 50903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24705]


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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. 33042]


Richard B. Webb and Susan K. Lundy--Continuance in Control 
Exemption--Palouse River & Coulee City Railroad, Inc.

    Richard B. Webb and Susan K. Lundy (Applicants), have filed a 
notice of exemption to continue in control of Palouse River & Coulee 
City Railroad, Inc. (PRCC), upon PRCC's becoming a Class III rail 
carrier. The transaction was to have been consummated on or after the 
September 4, 1996 effective date of the exemption.
    PRCC, a noncarrier, has concurrently filed a notice of exemption in 
Palouse River & Coulee City Railroad, Inc.--Acquisition Exemption--
Burlington Northern Railroad Company, STB Finance Docket No. 33041, to 
acquire approximately 277.3 miles of rail lines of Burlington Northern 
Railroad Company, in the States Washington and Idaho.
    Applicants control one other nonconnecting Class III rail carrier--
South Kansas and Oklahoma Railroad Company (SKO)--which operates lines 
in the States of Kansas and Oklahoma.2 Applicants state that: (1) 
PRCC will not connect with SKO; (2) the continuance in control is not 
part of a series of anticipated transactions that would connect the two 
railroads; 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).
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    \2\ See South Kansas and Oklahoma Railroad, Inc.--Acquisition 
and Operation Exemption--The Atchison, Topeka and Santa Fe Railway 
Company, Finance Docket No. 31802 (ICC served Jan. 9, 1991).
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    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. 33042, 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: Karl Morell, Ball 
Janik LLP, Suite 225, 1455 F Street, N.W., Washington, DC 20005.

    Decided: September 19, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary
[FR Doc. 96-24705 Filed 9-26-96; 8:45 am]
BILLING CODE 4915-00-P