[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Notices]
[Pages 16455-16456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7590]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33858]


Pioneer Railcorp--Continuance in Control Exemption--Indiana 
Southwestern Railway Co.

    Pioneer Railcorp (Pioneer), a noncarrier holding company, has filed 
a notice of exemption to continue in control of Indiana Southwestern 
Railway Co. (ISW), upon ISW's becoming a carrier.
    The transaction was scheduled to be consummated on March 15, 2000.
    This transaction is related to STB Finance Docket No. 33859, 
Indiana

[[Page 16456]]

Southwestern Railway Co.--Acquisition and Operation Exemption--
Evansville Terminal Company, Inc. and AB Rail Investments, Inc., 
wherein ISW seeks to acquire and operate two connecting lines of 
railroad currently owned by Evansville Terminal Company Inc. and AB 
Rail Investments, Inc.
    At the time it filed the notice, Pioneer owned and controlled 
thirteen existing Class III shortline rail carriers: West Michigan 
Railroad Co., operating in Michigan; Fort Smith Railroad Co., operating 
in Arkansas; Alabama Railroad Co., operating in Alabama; Mississippi 
Central Railroad Co., operating in Mississippi and Tennessee; Alabama & 
Florida Railway Co., Inc., operating in Alabama; Decatur Junction 
Railway Co., operating in Illinois; Vandalia Railroad Company, 
operating in Illinois; Keokuk Junction Railway Co., operating in Iowa 
and Illinois; Michigan Southern Railroad Company, operating in Michigan 
and Indiana; Shawnee Terminal Railway Company, operating in Illinois; 
Pioneer Industrial Railway Co., operating in Illinois; Michigan 
Southern Railroad Co., Inc., operating in Michigan and Indiana; and 
Garden City Western Railway, Inc., operating in Kansas.
    Pioneer states that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) The continuance-
in-control is not part of a series of anticipated transactions that 
would connect the fourteen 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. 33858, 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 John D. Heffner, Esq., Rea, Cross & Auchincloss, 1707 L 
Street, NW., Suite 570, Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 21, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-7590 Filed 3-27-00; 8:45 am]
BILLING CODE 4915-00-P