Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Notices 20247

1An agency of the State, the North Carolina

Department of Transportation, owns 100% of the

outstanding common stock of B&M.

2The State owns approximately 75% of the

outstanding common stock of NCRR.

3The merger will allow NCRR to issue new

preferred stock in exchange for B&M preferred

stock. The preferred stock issuance will evidently

preserve NCRR’s Federal tax status as a real estate

investment trust after the State acquires all of its

common stock.

4There, a trackage compensation proceeding was

held in abeyance to allow the State to negotiate a

buyout of the private shareholders of NCRR whose

dissension had precipitated the compensation

dispute.

1On March 23, 1998, UP filed a notice of

exemption under the Board’s class exemption

procedures at 49 CFR 1180.2(d)(7). The notice

covered the agreement by The Burlington Northern

and Santa Fe Railway Company (BNSF) to grant

temporary overhead trackage rights over two

segments of its line to UP: (1) between Council

Bluffs, IA, at milepost 483.6 on BNSF’s Bayard

Subdivision (at a point which is equal to milepost

12.8 on BNSF’s Omaha Subdivision) and Hastings,

NE, at milepost 156.5 on BNSF’s Hastings

Subdivision, a distance of approximately 214.6

miles over a segment which extends from Council

Bluffs through Omaha, NE, Ashland, NE, Lincoln,

NE, Crete, NE, and Fairmont, NE, to Hastings, for

the period March 30, 1998, through July 15, 1998;

and (2) between Hastings, NE, at milepost 156.5 on

BNSF’s Hastings Subdivision and Northport, NE, at

milepost 34.4 on BNSF’s Angora Subdivision, a

distance of approximately 387.7 miles over a

segment which extends from Hastings though

Holdredge, NE, Oxford, NE, Culbertson, NE, Wray,

CO, East Brush, CO, Sterling, CO, and Sidney, NE,

to Northport, for the period March 30, 1998,

through September 30, 1998. The portion of the

trackage rights operation between Council Bluffs,

IA, and Hastings, NE, is scheduled to expire

effective July 16, 1998. The portion of the trackage

rights operation between Hastings and Northport,

NE, is scheduled to expire effective October 1, 1998.

See Union Pacific Railroad Company—Trackage

Rights Exemption—The Burlington Northern and

Santa Fe Railway Company, STB Finance Docket

No. 33572 (STB served Apr. 2, 1998). The

exemption became effective on March 30, 1998, 7

days after the verified notice was filed.

2Trackage rights normally remain in effect unless

discontinuance authority or approval of a new

agreement is sought. See Milford-Bennington

Railroad Company, Inc.—Trackage Rights

Exemption—Boston and Maine Corporation and

Springfield Terminal Railway Company, Finance

Docket No. 32103 (ICC served Sept. 3, 1993).

frustrating to the petitioner. While

frustrating, the type of transmission

problem the petitioner described is not

related to motor vehicle safety. The

agency has no jurisdiction over nonsafety defects, warranty, dealership, and

remuneration matters.

Accordingly, it is unlikely that

NHTSA would issue an order for the

notification and remedy of a safetyrelated defect in the subject vehicles at

the conclusion of the investigation

requested in the petition. Therefore, the

petition is denied.

Authority: 49 U.S.C. 30162(d); delegations

of authority at CFR 1.50 and 501.8.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 98–10834 Filed 4–22–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33575]

State of North Carolina—Intracorporate

Family Exemption—Merger of Beaufort

and Morehead Railroad Company Into

North Carolina Railroad Company

The State of North Carolina (the

State), Beaufort and Morehead Railroad

Company (B&M), and North Carolina

Railroad Company (NCRR) have filed a

verified notice of exemption to merge

B&M, a Class III rail carrier wholly

owned by the State (a noncarrier),1 into

NCRR, a Class III rail carrier controlled

by the State.2

The proposed merger is an element of

a financial restructuring, not subject to

Board jurisdiction, related to the

proposed buyout by the State of the

private shareholders of NCRR.3 See

North Carolina Railroad Company—

Petition to Set Trackage Compensation

and Other Terms and Conditions—

Norfolk Southern Railway Company,

Norfolk & Western Railway Company,

and Atlantic and East Carolina Railway

Company, STB Finance Docket No.

33134 (STB served May 29, 1997).4 The

parties expected to consummate the

merger on or after March 31, 1998.

This transaction is one within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction

will not result in adverse changes in

service levels, significant operational

changes, or a change in the competitive

balance with carriers outside the

corporate family.

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 reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33575, 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: Betty Jo

Christian, Steptoe & Johnson, 1330

Connecticut Avenue, N.W., Washington,

DC 20036; and Farhana Y. Khera, Hogan

& Hartson L.L.P, 555 Thirteenth Street,

N.W., Washington, DC 20004–1109.

Decided: April 15, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–10703 Filed 4–22–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33572 (Sub–No.

1)]

Union Pacific Railroad Company—

Trackage Rights Exemption—The

Burlington Northern and Santa Fe

Railway Company

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts the trackage rights

described in STB Finance Docket No.

33572 1 to permit the trackage rights to

expire, as they relate to the operation

between Council Bluffs and Hastings, on

July 16, 1998, and as they relate to the

operation between Hastings and

Northport, on October 1, 1998, in

accordance with the agreement of the

parties.2

DATES: This exemption is effective on

May 23, 1998. Petitions to reopen must

be filed by May 13, 1998.

ADDRESSES: An original and 10 copies of

all pleadings referring to STB Finance

Docket No. 33572 (Sub-No. 1) must be

filed with the Office of the Secretary,

Case Control Unit, Surface

Transportation Board, 1925 K Street,

N.W., Washington, DC 20423–0001. In

addition, a copy of all pleadings must be

served on petitioner’s representative,

Joseph D. Anthofer, Esq., 1416 Dodge

Street, #830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–1600.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in