[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Notices]
[Pages 42800-42801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18334]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34352]


RailAmerica, Inc., et al.--Continuance in Control Exemption--San 
Luis & Rio Grande Railroad Company

    RailAmerica, Inc. (RailAmerica), Palm Beach Rail Holding, Inc. 
(Palm Beach), and RailAmerica Transportation Corp. (RTC) (collectively, 
applicants) have filed a verified notice of exemption to continue in 
control of San Luis & Rio Grande Railroad Company (SLRG), upon SLRG 
becoming a Class III rail carrier.
    The transaction was expected to be consummated on or after June 30, 
2003.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34350, San Luis & Rio 
Grande Railroad Company--Acquisition and Operation Exemption--Union 
Pacific Railroad Company, wherein SLRG seek to acquire and operate 
149.38 miles of rail line currently owned by Union Pacific Railroad 
Company.
    RailAmerica currently controls one Class II railroad and 33 Class 
III railroads. RailAmerica directly controls Palm Beach, which in turn 
directly

[[Page 42801]]

controls RTC. RTC directly controls SLRG.
    Applicants state that: (1) The railroads do not connect with each 
other or any railroad in their corporate family; (2) 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 (3) 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. Because the transaction 
involves at least one Class II and one or more Class III rail carriers, 
the exemption is subject to the labor protection requirements of 49 
U.S.C. 11326(b).
    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. 34352, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Louis E. Gitomer, Esq., Of 
Counsel, 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: July 11, 2003.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 03-18334 Filed 7-17-03; 8:45 am]
BILLING CODE 4915-00-P