[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Notices]
[Page 78039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32075]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34283]


RailAmerica, Inc. et al.--Corporate Family Reorganization 
Exemption--Western Illinois Railway Company

    RailAmerica, Inc. (RailAmerica), a noncarrier holding company, and 
its noncarrier subsidiary, Palm Beach Rail Holdings, Inc. (PBRH), filed 
a verified notice of exemption under the Board's class exemption 
procedures at 49 CFR 1180.2(d)(3) for them to continue in control of 
the Western Illinois Railway Company (WIRC), when it becomes a rail 
carrier.
    The transaction was expected to be consummated on or shortly after 
November 27, 2002.
    In a related matter, Western Illinois Railway Company--Acquisition 
Exemption--Toledo, Peoria & Western Railway Company, STB Finance Docket 
No. 34282, WIRC filed a notice of exemption to acquire from the Toledo, 
Peoria & Western Railway Corporation (TP&W) the rail, ties, and certain 
improvements on a 71.5-mile rail line in Hancock, McDonough, Fulton, 
and Peoria Counties, IL.\1\
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    \1\ On November 26, 2002, RailAmerica, PBRH, and WIRC jointly 
filed a motion to dismiss both the continuance in control in this 
case and the acquisition in STB Finance Docket No. 34282 for lack of 
Board jurisdiction. The motion will be handled in a separate 
decision.
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    RailAmerica controls one Class II and 31 Class III railroads that 
operate in the States of Alabama, Arizona, Arkansas, California, 
Colorado, Connecticut, Florida, Illinois, Indiana, Kansas, 
Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, 
New Mexico, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, 
Texas, Vermont, Virginia, and Washington.
    Applicants state that there will not be substantial lessening of 
competition, creation of a monopoly, or restraint of trade in freight 
surface transportation in any region of the United States. Applicant 
also states that the transaction will not result in any adverse change 
in service levels, significant operational changes, or a change in the 
competitive balance with carriers outside the corporate family. The 
purpose of this transaction is to improve the financial viability of 
the applicants.
    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. Because the transaction 
involves the control of one Class II rail carrier and one or more Class 
III rail carriers, the transaction will be made subject to the employee 
protective conditions described in Wisconsin Central Ltd.--Acquisition 
Exem.--Union Pac. RR, 2 S.T.B. 218 (1997).
    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 stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34283, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on: Louis E. Gitomer, Ball Janik 
LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: December 16, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-32075 Filed 12-19-02; 8:45 am]
BILLING CODE 4915-00-P