[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Page 63657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21958]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35092]


Progressive Rail Inc.--Continuance in Control Exemption--
Montgomery Short Line LLC

    Progressive Rail Inc. (PRI) has filed a verified notice of 
exemption to continue in control of Montgomery Short Line LLC (MSL), 
upon MSL's becoming a Class III rail carrier.\1\
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    \1\ MSL is a wholly owned subsidiary of PRI.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35093, Montgomery Short Line 
LLC--Lease and Operation Exemption--Union Pacific Railroad Company. In 
that proceeding, MSL seeks to lease and operate approximately 23.5 
miles of rail line owned by the Union Pacific Railroad Company from 
Merriam to the end of the track near Montgomery, in Scott and Le Sueur 
Counties, MN.
    PRI intends to consummate the transaction on or after November 24, 
2007, the effective date of the exemption (30 days after the exemption 
was filed).
    PRI is a common carrier by rail that owns and operates lines in the 
States of Minnesota and Wisconsin. PRI also currently controls Central 
Midland Railway Company, a Class III rail carrier, that owns and 
operates rail property interests in Missouri.
    PRI represents that: (1) The rail lines to be leased by MSL do not 
connect with it or any other 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 
other railroad in their corporate family; and (3) the transaction does 
not involve a Class I rail 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. Accordingly, the 
Board may not impose labor protective conditions here, because all the 
carriers involved are Class III rail carriers.
    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 effectiveness of the exemption. 
Petitions for stay must be filed no later than November 16, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35092, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Michael J. Barron, Jr., 
Fletcher & Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-
2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 1, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-21958 Filed 11-8-07; 8:45 am]
BILLING CODE 4915-01-P