TNW Corporation-Continuance in Control Exemption-Midwestern Railway Services, Corporation, 22550 [2019-10242]

Agencies

• Surface Transportation Board

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Page 22550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10242]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36294]


TNW Corporation--Continuance in Control Exemption--Midwestern 
Railway Services, Corporation

    TNW Corporation (TNW), a noncarrier, has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Midwestern Railway Services, Corporation (MRS) upon MRS's becoming a 
Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Midwestern Railway Services, Corp.--Operation 
Exemption--Perry County Port Authority, Docket No. FD 36293. In that 
proceeding, MRS seeks an exemption under 49 CFR 1150.31 to operate 
approximately 20.6 miles of rail line between milepost 1.8 at Tell 
City, Ind., and milepost 22.4 at Lincoln City, Ind.
    The earliest this transaction may be consummated is June 2, 2019, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    TNW will continue in control of MRS upon MRS's becoming a Class III 
rail carrier, while remaining in control of the following Class III 
rail carriers that operate rail lines in Texas: Texas and North Western 
Railway Company; Texas, Gonzales & Northern Railway Company; and Texas 
Rock Crusher Railway Company.
    TNW states that: (1) The rail line to be operated by MRS does not 
connect with any lines of any other TNW-controlled rail carriers; (2) 
the proposed continuance in control of MRS is not part of a series of 
anticipated transactions that would connect the line to be operated by 
MRS with the rail lines of any other TNW-controlled carrier; and (3) 
the transaction does not involve a Class I rail carrier. The proposed 
transaction is, therefore, exempt from the prior approval requirements 
of 49 U.S.C. 11323 pursuant to 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. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 11324 and 
11325 that involve only Class III rail carriers. Accordingly, the Board 
may not impose labor protective conditions here, because all of the 
carriers involved are Class III carriers.
    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 effectiveness of the exemption. 
Stay petitions must be filed no later than May 24, 2019 (at least seven 
days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36294, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on TNW's representative, Bradon J. 
Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606.
    Board decisions and notices are available at www.stb.gov.

    Decided: May 13, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-10242 Filed 5-16-19; 8:45 am]
 BILLING CODE 4915-01-P