[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Notices]
[Pages 37314-37315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18125]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

[STB Finance Docket No. 32990]


RailAmerica, Inc.--Continuance in Control Exemption--Evansville 
Terminal Company, Inc.

    RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice 
of exemption to continue in control of

[[Page 37315]]

Evansville Terminal Company, Inc. (ETC), upon ETC's becoming a Class 
III rail carrier. The transaction was to have been consummated on or 
after the June 28, 1996 effective date of the exemption.
    ETC, a noncarrier, has concurrently filed a notice of exemption in 
Evansville Terminal Company, Inc.--Acquisition and Operation 
Exemption--Trustee, Indiana HiRail Corporation, STB Finance Docket No. 
32989, to acquire approximately 40.4 miles of rail lines of Trustee, 
Indiana HiRail Corporation, between Browns, IL, and Evansville, IN.
    RailAmerica controls six other nonconnecting Class III rail 
carriers: Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway 
Company, Inc.; West Texas & Lubbock Railroad Company, Inc.; Plainview 
Terminal Company; Dakota Rail, Inc.; and South Central Tennessee 
Railroad Company.
    RailAmerica states that: (1) ETC will not connect with any of the 
other railroads in its corporate family; (2) the continuance in control 
is not part of a series of anticipated transactions that would connect 
ETC with any other railroad in its 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.
    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. 32990, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, NW., Washington, DC 20423 and served on: Robert P. vom Eigen, 
Hopkins & Sutter, 888 Sixteenth Street, NW., Washington, DC 20006.

    Decided: July 10, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-18125 Filed 7-16-96; 8:45 am]
BILLING CODE 4915-00-P