[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Notices]
[Pages 72559-72560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28000]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35168]


Progressive Rail Inc.--Intra-Corporate Family Transaction 
Exemption--Airlake Terminal Railway Company, LLC

    Progressive Rail Inc. (PGR), a Class III rail common carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a 
transaction within a corporate family. The transaction allows PGR to 
remain in control of Airlake Terminal Railway Company, LLC (ATRC), also 
a Class III rail carrier.\1\ PGR acknowledges that its authority to 
remain in control of ATRC should have been sought at the time ATRC 
obtained acquisition authority from the Board. PGR also controls 
Central Midland Railway Company, a Class III rail carrier, and has 
Board authority to control Montgomery Short Line LLC upon its becoming 
a Class III rail carrier.\2\
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    \1\ See Airlake Terminal Railway Company--Acquisition and 
Operation Exemption--Rail Line of Empire Builder Investments 
Incorporated and Progressive Rail, Incorporated, STB Finance Docket 
No. 34295 (STB served Dec. 27, 2002).
    \2\ See Progressive Rail Inc.--Acquisition of Control 
Exemption--Central Midland Railway Company, STB Finance Docket No. 
35051 (STB served July 5, 2007), and Progressive Rail Inc.--
Continuance in Control Exemption--Montgomery Short Line LLC, STB 
Finance Docket No. 35092 (STB served Nov. 9, 2007).
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    The transaction is expected to be consummated on December 12, 2008, 
the effective date of this exemption (30 days after the exemption was 
filed).
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). According to PGR, the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
changes in the competitive balance with carriers outside the corporate 
family.
    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 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. Petitions for stay 
must be filed no later than December 5, 2008 (at least 7 days before 
the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35168, 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 LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 72560]]


    Decided: November 20, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-28000 Filed 11-26-08; 8:45 am]
BILLING CODE 4915-01-P