[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Notices]
[Page 68334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32960]



[[Page 68334]]

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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33309]


RailTex, Inc.--Continuance in Control Exemption--Pittsburgh 
Industrial Railroad, Inc.

    Railtex, Inc. (RailTex), a noncarrier holding company, has filed a 
notice of exemption to continue in control of Pittsburgh Industrial 
Railroad, Inc. (PIR), upon PIR's becoming a Class III railroad. The 
transaction is scheduled to be consummated on December 6, 1996.
    The transaction is related to STB Finance Docket No. 33308, 
Pittsburgh Industrial Railroad, Inc.--Acquisition Operation Exemption--
Consolidated Rail Corporation and the Pittsburgh, Chartiers and 
Youghiogheny Railway Company, wherein PIR seeks to acquire 32.7 miles 
of rail line from Consolidated Rail Corporation and 16.0 miles of rail 
line from the Pittsburgh, Chartiers and Youghiogheny Railway Company.
    RailTex controls 21 Class III common carriers and three carriers 
that operate in Canada by rail: San Diego & Imperial Valley Railroad 
Company, Inc., operating in California; North Carolina & Virginia 
Railroad Company, Inc. (including Virginia Southern Division), 
operating in North Carolina and Virginia; South Carolina Central 
Railroad Company, Inc. (including Carolina Piedmont Division, operating 
in South Carolina; Mid-Michigan Railroad, Inc. (including Northeast 
Kansas & Missouri Division and Texas Northeastern Division, operating 
in Texas, Kansas, Missouri and Michigan; Chesapeake & Albemarle 
Railroad Company, Inc., operating in Virginia and North Carolina; 
Michigan Shore Railroad Company, Inc., operating in Michigan; New 
Orleans Lower Coast Railroad Company, Inc., operating in Louisiana; 
Dallas, Garland & Northeastern Railroad, Inc., operating in Texas; 
Indiana Southern Railroad, Inc., operating in Indiana; Missouri & 
Northern Arkansas Railroad Company, Inc., operating in Kansas, Missouri 
and Arkansas; Salt Lake City Southern Railroad Company, Inc., operating 
in Utah; Grand Rapids Eastern Railroad, Inc., operating in Michigan; 
Central Oregon & Pacific Railroad, Inc., operating in Oregon and 
California; New England Central Railroad, Inc., operating in Vermont, 
New Hampshire, Massachusetts, and Connecticut; Georgia Southwestern 
Railroad Company, Inc. (including Georgia & Alabama Division and 
Georgia Southwestern Division, operating in Alabama and Georgia; Austin 
& Northwestern Railroad Company, Inc. (including Texas-New Mexico 
Division), operating in Texas and New Mexico; Cincinnati Terminal 
Railway Company, operating in Ohio; Indiana and Ohio Railroad, Inc., 
operating in Indiana and Ohio; Indiana & Ohio Railway Company, 
operating in Ohio; Indiana & Ohio Central Railroad, Inc., operating in 
Ohio; and Connecticut Southern Railroad, Inc., operating in Connecticut 
and Massachusetts.
    RailTex states that: (1) the railroads will not connect with each 
other or any railroad in their corporate family; (ii) the acquisition 
is not part of a series of anticipated transactions that would connect 
the twenty one railroads with each other or any railroad in their 
corporate family; and (iii) 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 II 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. 33309, 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 Karl Morell, Esq., Ball Janik LLP, Suite 
225, 1455 F Street, N.W., Washington, D.C. 20005.

    Decided: December 20, 1996.


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-32960 Filed 12-26-96; 8:45 am]
BILLING CODE 4915-00-P