[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Notices]
[Pages 22897-22898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10417]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33737]


Rio Grande Pacific Corporation--Continuance in Control 
Exemption--New Orleans & Gulf Coast Railway Company

    Rio Grande Pacific Corporation (Rio Grande), a noncarrier, has 
filed a verified notice of exemption to continue in control of New 
Orleans & Gulf Coast Railway Company (NOGC), upon its becoming a Class 
III rail carrier.
    The transaction was scheduled to be consummated on or shortly after 
April 15, 1999.
    This transaction is related to STB Finance Docket No. 33736, New 
Orleans & Gulf Coast Railway Company--Acquisition Exemption--New 
Orleans Lower Coast Railroad Company, Inc., wherein NOGC seeks to 
acquire rail lines from New Orleans Lower Coast Railroad Company, Inc. 
(NOLR).
    In addition to NOGC,\1\ Rio Grande controls three Class III rail 
carriers. These carriers are Idaho Northern & Pacific Railroad Company, 
operating in the states of Idaho and Oregon, Nebraska Central Railroad 
Company, operating in the state of Nebraska, and Wichita, Tillman & 
Jackson Railway Company, Inc., operating in the states of Texas and 
Oklahoma.
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    \1\ NOGC is a noncarrier corporation formed for the purpose of 
acquiring 23.688 miles of rail line from NOLR. NOGC will be the 
exclusive operator of the line.
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    Rio Grande states that: (i) the rail lines operated by NOGC do not 
connect with any railroad in the corporate family; (ii) the transaction 
is not part of a series of anticipated transactions that would connect 
NOGC's lines with any railroad in the corporate family; and (iii) the 
transaction does not involve a Class I carrier. Therefore, the 
transaction 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 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 notice contains false or misleading information, the 
exemption

[[Page 22898]]

is void ab initio. 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. 33737, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Karl Morrell, Esq., Ball Janik LLP, 1455 F Street, NW, Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 20, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-10417 Filed 4-27-99; 8:45 am]
BILLING CODE 4915-00-P