[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23502]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to Board
jurisdiction pursuant to 49 U.S.C. 11323-24.
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[STB Finance Docket No. 33048]
RailAmerica, Inc.--Continuance in Control Exemption--Cascade and
Columbia River Railroad Company
RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice
of exemption to continue in control of Cascade and Columbia River
Railroad Company (CCRR), upon CCRR's becoming a Class III rail carrier.
The transaction was expected to be consummated on or after the
September 4, 1996 effective date of the exemption.
This transaction is related to STB Finance Docket No. 33047,
Cascade and Columbia River Railroad Company--Acquisition and Operation
Exemption--Lines of Burlington Northern Railroad Company, wherein CCRR
seeks to acquire and operate certain rail lines from Burlington
Northern Railroad Company.
RailAmerica owns and controls seven existing Class III common
carrier railroads operating in six states: Evansville Terminal Company,
Inc.; Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway
Company, Inc.; West Texas & Lubbock Railroad Company, Inc., Plainview
Terminal Company; the Dakota Rail, Inc.; and the South Central
Tennessee Railroad Company.
RailAmerica states that: (i) the railroads will not connect with
each other or any railroads in their corporate family; (ii) 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 their 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 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. 33048, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Branch, 1201 Constitution
Avenue, N.W., Washington, DC 20423. In addition, a copy of each
pleading must be served on Edward D. Greenberg, Esq., Galland,
Kharasch, Morse & Garfinkle, P.C., Canal Square, 1054 Thirty-First
Street, N.W., Washington, DC 20007.
Decided: September 5, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-23502 Filed 9-12-96; 8:45 am]
BILLING CODE 4915-00-P
