[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Page 2010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-764]



[[Page 2010]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34147]


Paula J. Mudge-Gibson and Don L. Gibson--Continuance in Control 
Exemption--Chicago Heights Switching Company

    Paula J. Mudge-Gibson and Don L. Gibson, noncarrier individuals 
(applicants), have filed a verified notice of exemption to continue in 
control of Chicago Heights Switching Company (CHSC), upon CHSC's 
becoming a carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34146, Chicago Heights Switching 
Company--Operation Exemption--Bulkmatic Railroad Corporation, wherein 
CHSC seeks to operate a line of railroad subleased by Bulkmatic 
Railroad Corporation.\1\
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    \1\ See Bulkmatic Railroad Corporation-Acquisition Exemption-
Bulkmatic Transport Company, STB Finance Docket No. 34145 (STB 
served Jan. 15, 2002).
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    The transaction was expected to be consummated on or shortly after 
December 28, 2001, the effective date of the exemption (7 days after 
the notice of exemption was filed).
    Applicants own and control the Central Illinois Railroad Company 
(CIRY), which operates in the State of Illinois. Applicants state that: 
(i) The properties of CIRY and CHSC will not connect with each other or 
any railroads in their corporate family; (ii) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the rail lines of CIRY and CHSC with each other or any 
railroads 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. 34147, 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 Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South 
LaSalle Street, Suite 1890, Chicago, IL 60604-1194.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: January 4, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-764 Filed 1-14-02; 8:45 am]
BILLING CODE 4915-00-P