[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Page 12587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4739]



[[Page 12587]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34010]


Pioneer Railcorp--Continuance in Control Exemption--Gettysburg & 
Northern Railroad Co.

    Pioneer Railcorp (Pioneer), a noncarrier holding company, has filed 
a verified notice of exemption to continue in control of Gettysburg & 
Northern Railroad Co. (GNR), upon GNR's becoming a carrier.
    The transaction is scheduled to be consummated on or after February 
20, 2001.
    This transaction is related to STB Finance Docket No. 34011, 
Gettysburg & Northern Railroad Co.--Acquisition and Operation 
Exemption--Gettysburg Railway Company, Inc., Delaware Transportation 
Group, Inc., and Delaware Valley Railway Company, Inc., wherein GNR 
seeks to acquire and operate a line of railroad approximately 1.5 miles 
long in Gettysburg and Mount Holly Springs, PA.
    At the time it filed the notice, Pioneer owned and controlled 
sixteen existing Class III shortline rail carriers: West Michigan 
Railroad Co., which operates in Michigan; Fort Smith Railroad Co., 
which operates in Arkansas; Alabama Railroad Co., which operates in 
Alabama; Mississippi Central Railroad Co., which operates in 
Mississippi and Tennessee; Alabama & Florida Railway Co., Inc., which 
operates in Alabama; Decatur Junction Railway Co., which operates in 
Illinois; Vandalia Railroad Company, which operates in Illinois; Keokuk 
Junction Railway Co. (KJRY),\1\ which operates in Iowa and Illinois; 
Michigan Southern Railroad Company, which operates in Michigan and 
Indiana; Shawnee Terminal Railway Company, which operates in Illinois; 
Pioneer Industrial Railway Co., which operates in Illinois; Michigan 
Southern Railroad Company, Inc., which owns or leases track in Michigan 
and Indiana but does not currently conduct any rail operations in those 
States; The Garden City Western Railway, Inc., which operates in 
Kansas; Indiana Southwestern Railway Co., which operates in Indiana; 
Kendallville Terminal Railway Co., which operates in Indiana; and 
Elkhart & Western Railroad Co., which has authority to operate in 
Indiana but has not yet begun operations in that State.
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    \1\ Pioneer states that KJRY also owns Keokuk Union Depot 
Company, a nonoperating common carrier.
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    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 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.
    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 reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34010, 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 William A. Mullins, Esq., Troutman Sanders LLP, 401 Ninth 
Street, NW., Suite 1000, Washington, DC 20004.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: February 20, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-4739 Filed 2-26-01; 8:45 am]
BILLING CODE 4915-00-P