[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Rules and Regulations]
[Pages 47583-47584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23827]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1121 and 1150

[STB Ex Parte No. 562]


Acquisition of Rail Lines Under 49 U.S.C. 10901 and 10902; 
Advance Notice of Proposed Transaction

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board), after reviewing 
public comments filed pursuant to the notice of proposed rulemaking, 
adopts a 60-day notice requirement for certain transactions in which 
rail lines are transferred to a new owner or operator under 49 U.S.C. 
10901 and 10902. Final regulations implementing the notice requirement 
are set forth below.

EFFECTIVE DATE: October 10, 1997.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
(TDD for the hearing impaired: (202) 565-1695.)

SUPPLEMENTARY INFORMATION: By notice of proposed rulemaking served and 
published in the Federal Register on May 1, 1997 (62 FR 23742-44), we 
sought public comments on our proposal to amend our exemption 
procedures to establish a 60-day notice to rail employees who work on 
rail lines undergoing transfer to a new owner or operator. We proposed 
that the notice requirement would apply to transactions processed 
pursuant to the Board's exemption authority from: (1) 49 U.S.C. 10902 
for Class II rail carriers to acquire or operate additional lines; (2) 
49 U.S.C. 10902 for Class III rail carriers to acquire or operate 
additional rail lines where the lines to be acquired or operated, 
together with the acquiring carrier's existing lines, would produce 
annual revenue exceeding $5 million; or (3) 49 U.S.C. 10901 for 
noncarriers to acquire or operate rail lines where the lines to be 
acquired or operated would produce annual revenue exceeding $5 million. 
A number of comments were filed by interested parties, including 
comments from railroads, railroad associations, rail employee unions, 
and members of both Houses of Congress. Upon reviewing the comments, 
the Board is adopting the proposal with some modifications and 
clarifications based on the public comments received. Additional 
information is contained in the Board's decision served on [date of 
service]. To purchase a copy of the decision, write to, call, or pick 
up in person from: DC News & Data, Inc. (202) 289-4357, 1925 K Street, 
N.W., Room 210, Washington, D.C. 20006. (Assistance for the hearing 
impaired is available through TDD services (202) 565-1695.)

List of Subjects

49 CFR Part 1121

    Administrative practice and procedure, Railroads.

49 CFR Part 1150

    Administrative practice and procedure, Railroads.

    Decided: September 2, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Board amends title 
49, Chapter X, parts 1121 and 1150 of the Code of Federal Regulations, 
to read as follows:

PART 1121--RAIL EXEMPTION PROCEDURES

    1. The authority citation for part 1121 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10502 and 10704.

    2. Section 1121.4 is amended by adding a new paragraph (h) to read 
as follows:


Sec. 1121.4  Procedures.

* * * * *
    (h) In transactions for the acquisition or operation of rail lines 
by Class II rail carriers under 49 U.S.C. 10902, the exemption may not 
become effective until 60 days after applicant certifies to the Board 
that it has posted at the workplace of the employees on the affected 
line(s) and served a notice of the transaction on the national offices 
of

[[Page 47584]]

the labor unions with employees on the affected line(s), setting forth 
the types and numbers of jobs expected to be available, the terms of 
employment and principles of employee selection, and the lines that are 
to be transferred.

PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD 
LINES

    3. The authority citation for part 1150 continues to read as 
follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 721(a), 10502, 10901 
and 10902.

    4. Section 1150.32 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 1150.32  Procedures and relevant dates--transactions that involve 
creation of Class III carriers.

* * * * *
    (e) If the projected annual revenue of the carrier to be created by 
a transaction under this exemption exceeds $5 million, applicant must, 
at least 60 days before the exemption becomes effective, post a notice 
of intent to undertake the proposed transaction at the workplace of the 
employees on the affected line(s) and serve a copy of the notice on the 
national offices of the labor unions with employees on the affected 
line(s), setting forth the types and numbers of jobs expected to be 
available, the terms of employment and principles of employee 
selection, and the lines that are to be transferred, and certify to the 
Board that it has done so.
    5. Section 1150.35 is amended by revising paragraph (a) to read as 
follows:


Sec. 1150.35  Procedures and relevant dates--transactions that involve 
creation of Class I or Class II carriers.

    (a) To qualify for this exemption, applicant must serve a notice of 
intent to file a notice of exemption no later than 14 days before the 
notice of exemption is filed with the Board, and applicant must comply 
with the notice requirement of Sec. 1150.32(e).
* * * * *
    6. Section 1150.42 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 1150.42  Procedures and relevant dates for small line 
acquisitions.

* * * * *
    (e) If the projected annual revenue of the rail lines to be 
acquired or operated, together with the acquiring carrier's projected 
annual revenue, exceeds $5 million, the applicant must, at least 60 
days before the exemption becomes effective, post a notice of 
applicant's intent to undertake the proposed transaction at the 
workplace of the employees on the affected line(s) and serve a copy of 
the notice on the national offices of the labor unions with employees 
on the affected line(s), setting forth the types and numbers of jobs 
expected to be available, the terms of employment and principles of 
employee selection, and the lines that are to be transferred, and 
certify to the Board that it has done so.
    7. Section 1150.45 is amended by revising paragraph (a) to read as 
follows:


Sec. 1150.45  Procedures and relevant dates-transactions under section 
10902 that involve creation of Class I or Class II rail carriers.

    (a) To qualify for this exemption, applicant must serve a notice of 
intent to file a notice of exemption no later than 14 days before the 
notice of exemption is filed with the Board, and applicant must comply 
with the notice requirement of Sec. 1150.42(e).
* * * * *
[FR Doc. 97-23827 Filed 9-9-97; 8:45 am]
BILLING CODE 4915-00-P