[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Page 51750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19126]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34528]


Indiana Boxcar Corporation--Continuance in Control Exemption--
Chesapeake & Indiana Railroad Company, Inc.

    Indiana Boxcar Corporation (Boxcar) has filed a verified notice of 
exemption to continue in control of Chesapeake & Indiana Railroad 
Company, Inc. (Chesapeake), upon Chesapeake's becoming a Class III rail 
carrier.
    The transaction was expected to be consummated on July 29, 2004.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34529, Chesapeake & 
Indiana Railroad Company, Inc.--Operation Exemption--The Town of North 
Judson, IN. In that proceeding, Chesapeake seeks to operate 32.97 miles 
of track extending from Wellsboro, milepost 15.2, to LaCrosse, milepost 
0.6, in LaPorte County, IN, and from Malden, milepost 230.9 through 
LaCrosse, to North Judson, milepost 212.5, in Porter and Starke 
Counties, IN, which is owned by the Town of North Judson.
    Boxcar currently controls one Class III rail carrier, the 
Vermillion Valley Railroad Company, Inc., operating in Vermillion and 
Warren Counties, IN.
    Under 49 CFR 1180.2(d)(2), a continuance in control transaction is 
exempt if: (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. There are 
no Class I carriers involved in this transaction and Boxcar states that 
the railroads do not connect with each other and there are no plans to 
acquire additional rail lines for the purpose of making such a 
connection. Therefore, the transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323.
    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. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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. 34528, 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 John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Dated: August 16, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-19126 Filed 8-19-04; 8:45 am]
BILLING CODE 4915-01-P