43578 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

1See StatesRail, Inc.—Acquisition of Control

Exemption—Kyle Railways, Inc., STB Finance

Docket No. 33340 (STB served Apr. 17. 1997).

operates lines in Arizona; (b) Eastern

Alabama Railway Company, which

operates lines in Alabama; (c) Kyle

Railroad Company, which operates lines

in Colorado, Kansas, and Nebraska; (d)

San Joaquin Valley Railroad Company,

which operates lines in California; and

(e) SWKR Operating Co., which operates

lines in Arizona. 1

As noted, StatesRail controls

Kiamichi and would be in control of

ALA upon its becoming a carrier.

Kauri states that: (1) The rail lines to

be acquired by ALA will not connect

with other rail lines under Kauri’s or

StatesRail’s control or with any

railroads within their corporate family;

(2) the continuance in control is not part

of a series of anticipated transactions

that would connect the railroads with

each other or any railroad in the

corporate family; and (3) the transaction

does not involve a Class I railroad. The

transaction therefore 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

railroad 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. 33439, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423.

In addition, a copy of each pleading

must be served on Fritz Kahn, Suite 750

West, 1100 New York Avenue, N.W.,

Washington, DC 20005–3934.

Decided: August 5, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–21550 Filed 8–13–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33432]

Paducah & Louisville Railway—

Trackage Rights Exemption—CSX

Transportation, Inc.

CSX Transportation, Inc. (CSXT) has

agreed to grant overhead trackage rights

to Paducah & Louisville Railway (P&L)

between the P&L/CSXT connection at

Madisonville, KY, at or near milepost

OOH 275, and the Providence 1 Mine

and Diamond J Mine (Mines) located on

CSXT’s Morganfield Branch, at or near

mileposts MB 288.8 and MB 294.1,

respectively, a distance of

approximately 18.8 miles in Hopkins

and Webster Counties, KY.

The transaction is scheduled to be

consummated on August 8, 1997.

The purpose of the trackage rights is

to allow P&L to handle movements of

coal from the Mines to the BRT

Terminal for blending and for barge

movement beyond to the Gallatin Steam

Plant of the Tennessee Valley Authority,

and to handle empties via the reverse

route under contract PAL–C–0761.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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. 33432, 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 (1) J.

Thomas Garrett, Esq., Paducah &

Louisville Railway, 1500 Kentucky

Avenue, Paducah, KY 42003, and (2)

Fred R. Birkholz, Esq., CSX

Transportation, Inc., 500 Water Street,

J–150, Jacksonville, FL 32202.

Decided: August 5, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–21549 Filed 8–13–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–33 (Sub–No. 113)]

Union Pacific Railroad Company—

Discontinuance of Trackage Rights

and Abandonment—In Natrona and

Converse Counties, WY

On July 25, 1997, Union Pacific

Railroad Company (UP) filed with the

Surface Transportation Board,

Washington, DC 20423, an application

for permission for the abandonment of

and discontinuance of service on a line

of railroad known as the Casper Branch

extending from railroad milepost 590.0

to the end of the line at milepost 607.8,

near Casper (Air Base), a distance of

17.8 miles, in Natrona County, WY, and

for discontinuance of UP’s trackage

rights over The Burlington Northern and

Santa Fe Railway Company trackage

from UP milepost 532.5 near Orin to UP

milepost 600.0 near Casper, a distance

of 67.5 miles in Natrona and Converse

Counties, Wyoming. The line includes

the non-agency stations of Strouds at

milepost 595.0, Casper at milepost

599.7, and Air Base at milepost 607.5

and traverses through United States

Postal Service ZIP Codes 82601–82609

and 82633.

The line does contain federally

granted rights-of-way. Any

documentation in the railroad’s

possession will be made available

promptly to those requesting it. The

applicant’s entire case for abandonment

and discontinuance was filed with the

application.

This line of railroad has appeared on

the applicant’s system diagram map or

has been included in its narrative in

category 1 since August 1, 1992.

The interest of railroad employees

will be protected by the conditions in

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979).

Any interested person may file with

the Surface Transportation Board

written comments concerning the

proposed abandonment and

discontinuance or protests (including

the protestant’s entire opposition case),

by September 8, 1997. All interested

persons should be aware that following

any abandonment of rail service and

salvage of the line, the line may be

suitable for other public use, including

interim trail use. Any request for a

public use condition under 49 U.S.C.

10905 (§ 1152.28 of the Board’s rules)

and any request for a trail use condition

under 16 U.S.C. 1247(d) (§ 1152.29 of

the Board’s rules) must be filed by

September 8, 1997. Persons who may