Federal Register, Volume 64 Issue 214 (Friday, November 5, 1999)

[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Notices]
[Pages 60467-60468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28878]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33805]


Ameren Corporation--Control Exemption--Missouri Central Railroad 
Company

    Ameren Corporation (Ameren), the parent of wholly owned subsidiary 
Ameren ERC, Inc. (ERC), has filed a verified notice of exemption to 
continue in control of the Joppa & Eastern Railroad (JERR) and to 
acquire control of Missouri Central Railroad Company (MCRR). On October 
13, 1999, Ameren and ERC also filed a motion for

[[Page 60468]]

protective order under 49 CFR 1104.14 and a protective order was 
granted.¹
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    \1\ See Ameren Corporation--Control Exemption--Missouri Central 
Railroad Company, STB Finance Docket No. 33805 (STB served Oct. 22, 
1999).
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    The transaction was scheduled to be consummated on or shortly after 
October 20, 1999.
    Ameren, a noncarrier holding company, currently controls one 
railroad, the JERR, through Ameren's controlling interest in Electric 
Energy, Inc. (EEI).² ERC is not a rail carrier and does not 
control any rail carriers. ERC purchased 95% of the stock of 
MCRR.³ Because ERC's parent is already in control of one 
railroad (JERR), the MCRR stock purchased by ERC was placed in a voting 
trust on October 7, 1999. On or shortly after the October 20, 1999 
effective date of this control exemption, ERC was expected to assume 
control of MCRR. The stock of MCRR had been owned 100% by General 
Railway Corporation, with the principal shareholder being John F. 
Larkin.
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    \2\ The JERR owns and operates approximately 5 miles of track 
within Illinois. EEI was authorized by the Board's predecessor, the 
Interstate Commerce Commission (ICC), to construct the approximately 
5-mile line in Joppa and Eastern Railroad Co.--Construction 
Exemption--Joppa, IL, Finance Docket No. 31656 (ICC served July 5 
and Dec. 24, 1990). The ICC also authorized the JERR to lease 
approximately 2.5 miles of existing trackage in the same vicinity in 
Joppa and Eastern Railroad Co.--Petition for Exemption--Lease--
Missouri Pacific Railroad Co., Finance Docket No. 31656 (Sub-No. 1) 
(ICC served May 16, 1991).
    \3\ All of MCRR's rail line will be within Missouri. The 
verified notice states that MCRR will own and operate approximately 
278 miles of railroad. The notice also states that MCRR was to 
acquire ownership of approximately 244.5 miles of line and trackage 
rights over 33.5 miles of line on the date of filing of this 
verified notice (October 13, 1999), upon consummation of noncarrier 
GRC Holdings Corporation's acquisition and immediate conveyance to 
MCRR of rail assets from Union Pacific Railroad Company. See GRC 
Holdings--Acquisition Exemption--Union Pacific Railroad Co., STB 
Finance Docket No. 33537 (STB served Jan. 27, 1998) and Missouri 
Central Railroad Co.--Acquisition and Operation Exemption--Lines of 
Union Pacific Railroad Co., STB Finance Docket No. 33508 (STB served 
Jan. 27, 1998).
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    Ameren states that: (i) These railroads do not connect with each 
other; (ii) the acquisition of 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 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. 33805, 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, one copy of each pleading must 
be served on John R. Molm, Esq., Troutman Sanders LLP, 1300 I Street, 
NW, Suite 500 East, Washington, DC 20005-3314.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 29, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-28878 Filed 11-4-99; 8:45 am]
BILLING CODE 4915-00-P