[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