[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Notices]
[Page 25945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10541]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34498]


Ameren Corporation--Control Exemption--Coffeen and Western 
Railroad Company

    Ameren Corporation (Ameren), a noncarrier holding company, has 
filed a verified notice of exemption to acquire control of Coffeen and 
Western Railroad Company (CWRC) upon CWRC's becoming a Class III rail 
carrier.\1\ Ameren currently controls Class III rail carriers Joppa & 
Eastern Railroad (JERR) and Missouri Central Railroad Company 
(MCRR).\2\
---------------------------------------------------------------------------

    \1\ On April 15, 2004, CWRC filed a verified notice of exemption 
under 49 CFR 1150.31 in STB Finance Docket No. 34497, Coffeen and 
Western Railroad Company--Lease and Operation Exemption--near 
Coffeen, IL, to lease from Ameren Energy Generating Company and 
operate approximately 0.2 miles of rail line near Coffeen, IL. Upon 
consummation of the transaction covered by that exemption, CWRC 
would become a carrier.
    \2\ JERR, is controlled through Ameren's controlling interest in 
Electric Energy, Inc. Its track is entirely within Illinois, located 
approximately 155 miles from CWRC's track. MCRR's track and trackage 
rights are located entirely within Missouri, and its lines are 
leased and operated by Central Midland Railway Company.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or shortly after 
April 22, 2004, the effective date of the exemption.
    Ameren states that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) the acquisition 
of 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 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 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. 34498 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 Sandra L. Brown, 401 Ninth Street, NW., 
Suite 1000, Washington, DC 20004.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


    Decided: May 3, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-10541 Filed 5-7-04; 8:45 am]
BILLING CODE 4915-01-P