38228 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Notices

1UP will retain permanent, irrevocable overhead

trackage rights so as to preserve the integrity of the

Tennessee Pass through route.

1TRRR is a noncarrier corporation formed for the

purpose of acquiring the rail line from BNSF and

operating the 38.4 miles of rail line.

2On 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.

exemption under 49 CFR 1150.31 to

acquire from Union Pacific Railroad

Company (UP) and to operate

approximately 11.75 miles of UP’s

Tennessee Pass railroad line in

Freemont County, CO, between milepost

171.90, at Parkdale, and milepost

160.15, at Canon City.1

The transaction was scheduled to be

consummated on or after July 6, 1998.

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

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33622, 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 Fritz R.

Kahn, Esq., 1100 New York Avenue,

NW., Suite 750, Washington, DC 20005–

3934.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: July 8, 1998.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–18852 Filed 7–14–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33618]

Timber Rock Railroad, Inc.—

Acquisition and Operation

Exemption—Lines of The Burlington

Northern and Santa Fe Railway

Company

Timber Rock Railroad, Inc. (TRRR), a

noncarrier, has filed a verified notice of

exemption under 49 CFR 1150.31 to

acquire from The Burlington Northern

and Santa Fe Railway Company (BNSF)

and operate approximately 38.4 miles of

rail line located in Texas and Louisiana,

between milepost 0.96 near Kirbyville,

TX, and milepost 39.36 at DeRidder, LA.

TRRR will also acquire incidental

overhead trackage rights over BNSF’s

20.04 mile rail line between milepost

0.96 near Kirbyville and milepost 21.0

at Silsbee, TX.

The transaction was scheduled to be

consummated on or shortly after June

23, 1998.

This transaction is related to STB

Finance Docket No. 33623, Richard B.

Webb and Susan K. Lundy—

Continuance in Control Exemption—

Timber Rock Railroad, Inc., where

Richard B. Webb and Susan K. Lundy

will continue in control of TRRR, upon

its becoming a Class III rail carrier.

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

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33618, 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,

BALL JANIK LLP, 1455 F. Street, N.W.,

Suite 225d, Washington, DC 20005.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: July 9, 1998.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–18848 Filed 7–14–98; 8:45 am]

BILLING CODE 4915–01–P

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,1 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.2

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.’’