[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Notices]
[Page 42280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20715]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33430]


CBEC Railway, Inc.--Trackage Rights Exemption--Great Western 
Railway Company of Iowa, L.L.C.

    Great Western Railway Company of Iowa, L.L.C. (GWRI), has agreed to 
grant overhead trackage rights to CBEC Railway, Inc. (CBEC), over 
GWRI's trackage between milepost 1.72 and milepost 2.12, in the 
vicinity of Council Bluffs, IA.<SUP>1</SUP>
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    \1\ The track is adjacent to GWRI's Wabash Rail Yard and 
connects track owned by CBEC.
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    The trackage rights agreement was expected to be executed on or 
about July 10, 1997,<SUP>2</SUP> but the transaction is not expected to 
be consummated until September 1997, when construction and 
rehabilitation of CBEC's line is completed and rail operations are 
commenced over CBEC's track. The purpose of the trackage rights is to 
improve operational efficiencies between CBEC and GWRI and to eliminate 
duplicative facilities by connecting two segments of CBEC track and 
right-of-way on either end of GWRI's Wabash Rail Yard.
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    \2\ Concurrent with the filing of the notice of exemption, CBEC 
filed a motion for protective order pursuant to 49 CFR 1104.14, with 
respect to the trackage rights agreement between CBEC and GWRI. CBEC 
submitted the trackage rights agreement under seal stating that it 
is a confidential agreement that prohibits any party from disclosing 
the material terms to the public without the prior written consent 
of the other party. By decision served July 28, 1997, CBEC's motion 
for protective order was granted.
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    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.
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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 stay 
the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33430, 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 Thomas W. Wilcox , Donelan, Cleary, Wood & Maser, P.C., 1100 
New York Avenue, N.W., Suite 750, Washington, DC 20005.

    Decided: July 29, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-20715 Filed 8-5-97; 8:45 am]
BILLING CODE 4915-00-P