[Federal Register: July 15, 1998 (Volume 63, Number 135)]
[Notices]               
[Page 38228-38229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy98-120]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33623]

 
Richard B. Webb and Susan K. Lundy--Continuance in Control 
Exemption--Timber Rock Railroad, Inc.

    Richard B. Webb and Susan K. Lundy (Applicants), have filed a 
verified notice of exemption to continue in control of Timber Rock 
Railroad, Inc. (TRRR), upon TRRR becoming a Class III railroad.
    The transaction was scheduled to be consummated on or shortly after 
June 23, 1998.
    This transaction is related to STB Finance Docket No. 33618, Timber 
Rock Railroad, Inc.--Acquisition and Operation Exemption--Lines of the 
Burlington Northern and Santa Fe Railway Company, wherein Applicants 
seek to acquire and operate a rail line from BNSF.
    In addition to TRRR,<SUP>1</SUP> Applicants controls two existing 
Class III railroads: South Kansas and Oklahoma Railroad Company (SKO), 
operating in Kansas and Oklahoma; and Palouse River & Coulee City 
Railroad, Inc. (PRCC), operating in Washington and Idaho.<SUP>2</SUP>
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    \1\ TRRR is a noncarrier corporation formed for the purpose of 
acquiring the rail line from BNSF and operating the 38.4 miles of 
rail line.
    \2\ On May 15, 1998, applicants filed a petition for exemption 
seeking Board approval to indirectly control the Blue Mountain 
Railroad, Inc., and the Southeast Kansas Railroad Company in STB 
Finance Docket No. 33603, Richard B. Webb and Susan K. Lundy--
Control Exemption--Blue Mountain Railroad, Inc. and Southeast Kansas 
Railroad Company. This proceedings is currently pending. Also on 
June 16, 1998, Applicants filed a notice of exemption seeking to 
continue in control of Stillwater Central Railroad, Inc. in SBT 
Finance Docket No. 33619, Richard B. Webb and Susan K. Lundy--
Continuance in Control Exemption--Stillwater Central Railroad, Inc., 
which is also pending before the Board.
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    Applicants state that: (i) the rail lines operated by SKO and PRCC 
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 TRRR's line 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. 33623, 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 Karl Morell, Of Counsel, BALL JANIK LLP, 1455 F Street, NW., 
Suite 225, Washington, D.C. 20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''


[[Page 38229]]


    Decided:

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-18847 Filed 7-14-98; 8:45 am]
BILLING CODE 4915-00-P