[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Notices]
[Page 51116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25335]



[[Page 51116]]

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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33650]


RailAmerica, Inc.--Continuance in Control Exemption--Ventura 
County Railroad Co.

    RailAmerica, Inc. (RailAmerica) has filed a verified notice of 
exemption to continue in control of Ventura County Railroad Company 
(VCRR), upon VCRR's becoming a Class III railroad.
    The transaction was scheduled to be consummated on or shortly after 
September 1, 1998.
    This transaction is related to STB Finance Docket No. 33649, 
Ventura County Railroad Company--Lease and Operation Exemption--Ventura 
County Railway Company, wherein VCRR seeks to lease and operate certain 
rail lines from Ventura County Railway Company (VCRC).1
---------------------------------------------------------------------------

    \1\ VCRR and VCRC have entered into an agreement for VCRR to 
lease the line and purchase certain assets and equipment from VCRC.
---------------------------------------------------------------------------

    RailAmerica currently controls 10 common carrier Class III rail 
carriers operating in 7 states: the Cascade and Columbia River Railroad 
Company; the Delaware Valley Railway Company, Inc.; the Huron & Eastern 
Railway Company, Inc.; Minnesota Northern Railroad, Inc.; the Otter 
Tail Valley Railroad Company; the Saginaw Valley Railway Company, Inc.; 
the West Texas & Lubbock Railroad Company, Inc.; the Dakota Rail, Inc.; 
and the South Central Tennessee Railroad Corp.
    RailAmerica states that: (i) The rail lines operated by VCRR do not 
connect with any railroad in the corporate family; (ii) the transaction 
is not part of a series of anticipated transactions that would connect 
VCRR with any railroad in the 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 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. 33650, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Gary Laakso, Esq., RailAmerica, Inc., 301 Yamato Road, Suite 
1190A, Boca Raton, FL 33431.
    Board decisions and notices are available on our website at 
``www.stb.dot.gov.''

    Decided: September 16, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-25335 Filed 9-23-98; 8:45 am]
BILLING CODE 4915-00-P