[Federal Register: May 13, 1999 (Volume 64, Number 92)]
[Notices]               
[Page 25954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my99-127]

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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33717]

 
North American RailNet, Inc.--Continuance in Control Exemption--
Georgia & Florida RailNet, Inc.

    North American RailNet, Inc. (NARN), has filed a notice of 
exemption to continue in control of Georgia & Florida RailNet, Inc. 
(GFRN), upon GFRN's becoming a Class III railroad.
    The transaction was scheduled to be consummated on or shortly after 
April 30, 1999.
    This transaction is related to STB Finance Docket No. 33716, 
Georgia & Florida RailNet, Inc.--Acquisition and Operation Exemption--
Lines of the Gulf & Ohio Railways Inc., wherein GFRN is seeking an 
exemption to acquire and operate certain rail lines currently operated 
by and owned by, or under the control of, Gulf & Ohio Railways, Inc.
    NARN controls four existing Class III railroads: Nebraska, Kansas & 
Colorado RailNet, Inc., operating in Nebraska, Kansas, and Colorado; 
Illinois RailNet, Inc., operating in Illinois; Camas Prairie RailNet, 
Inc., operating in Washington and Idaho; and Mississippi & Tennessee 
RailNet, Inc.. operating in Mississippi and Tennessee.
    NARN states that: (i) The rail lines operated by GFRN 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 
GFRN'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 verified notice contains false or misleading information, 
the exemption 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. 33717, 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 Robert A. Wimbish, Esq., Rea, Cross, & Auchincloss, 1707 L 
Street, NW, Suite 570, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 5, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-11994 Filed 5-12-99; 8:45 am]
BILLING CODE 4915-00-P