[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Page 10073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5110]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33554]


Twin Cities & Western Railroad Company, Corporate Family 
Transaction Exemption, Minnesota River Bridge Company

    Twin Cities & Western Railroad Company (TCW) and Minnesota River 
Bridge Company (MRBC),1 Class III railroads, have jointly 
filed a verified notice of exemption. The exempt transaction is a 
merger of MRBC into TCW, with TCW as the surviving corporation.
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    \1\  TCW and MRBC are owned and controlled by Douglas M. Head, 
Kent P. Shoemaker, and Charles H. Clay. TCW operates in the States 
of Minnesota and South Dakota, and MRBC operates in the State of 
Minnesota.
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    The transaction is expected to be consummated on or after February 
24, 1998.
    The proposed merger will enable the surviving carrier to operate 
the rail lines more efficiently without affecting the current 
operations over the rail lines.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
a change in the competitive balance with carriers outside the corporate 
family.
    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 rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33554, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Jo A. DeRoche, Esq., Weiner, Brodsky, Sidman & Kider, P.C., 
1350 New York Avenue, N.W., Suite 800, Washington, DC 20005-4797.

    Decided: February 23, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-5110 Filed 2-26-98; 8:45 am]
BILLING CODE 4915-00-P