[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Pages 54896-54897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27969]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33480]


Charles Barenfanger--Continuance in Control Exemption--Effingham 
Railroad Company

    Charles Barenfanger (applicant) has filed a verified notice of 
exemption to continue in control of Effingham

[[Page 54897]]

Railroad Company (ERRC), upon its becoming a Class III rail carrier.
    Although applicant does not indicate an expected consummation date, 
it is noted that the transaction could not be consummated before 
October 7, 1997, the effective date of this exemption.
    This transaction is related to STB Finance Docket No. 33468, 
Effingham Railroad Company--Operation Exemption--Line Owned by Agracel 
Corporation, wherein ERRC seeks to operate over a certain rail line 
owned by the Agracel Corporation, in Effingham, IL.
    Applicant controls one existing Class III railroad, Illinois 
Western Railroad Company (IWRC), operating in Greenville, IL.
    Applicant states that: (i) The rail line to be operated by ERRC 
does not connect with IWRC; (ii) the transaction is not part of a 
series of anticipated transactions that would connect ERRC with IWRC; 
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 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. 33480, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on John M. Robinson, 9616 Old Spring Road, Kensington, MD 20895.

    Decided: October 14, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27969 Filed 10-21-97; 8:45 am]
BILLING CODE 4915-00-P