[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Page 63171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28633]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35323]


Pioneer Railcorp--Continuance in Control Exemption--Georgia 
Southern Railway Co.

    Pioneer Railcorp (Pioneer), a noncarrier holding company, has filed 
a verified notice of exemption to continue in control of Georgia 
Southern Railway Co. (GASR), upon GASR's becoming a Class III rail 
carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35322, Georgia Southern Railway 
Co.--Lease and Operation Exemption and Operation Exemption--Certain 
Lines of Georgia Midland Railroad, Inc. and Heart of Georgia Railroad, 
Inc. In that proceeding, GASR has sought an exemption under 49 CFR 
1150.31 pursuant to an agreement with: (1) The Georgia Midland 
Railroad, Inc. to assume the lease and operation of approximately 51.9 
miles of rail line in Peach, Houston, Crawford, Candler, Bulloch, and 
Screven Counties, GA; and (2) the Heart of Georgia Railroad, Inc. (HOG) 
to operate, under contract with HOG, approximately 42.4-miles of line 
currently leased and operated by HOG in Toombs, Treutlen, Emanuel and 
Jenkins Counties, GA.
    The transaction is scheduled to be consummated on December 16, 2009 
(the effective date of this exemption).
    Pioneer currently controls 16 Class III rail carriers: West 
Michigan Railroad Co.; Fort Smith Railroad Co.; Shawnee Terminal 
Railroad Co., Inc.; Mississippi Central Railroad Co.; Alabama & Florida 
Railway Co., Inc.; Decatur Junction Railway Co.; Vandalia Railroad 
Company; Keokuk Junction Railway Co.; Keokuk Union Depot Company; 
Michigan Southern Railroad Company; Elkhart & Western Railroad Co.; 
Kendallville Terminal Railroad Co.; Pioneer Industrial Railway Co.; The 
Garden City Western Railway, Inc.; Indiana Southwestern Railway Co.; 
and Gettysburg & Northern Railroad Co. None of these subsidiaries has 
operations within the State of Georgia.
    Pioneer represents that: (1) The rail lines to be operated by GASR 
do not connect with any other railroads in the Pioneer corporate 
family; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect these rail lines with any 
other railroad in the Pioneer 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 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 effectiveness of the 
exemption. Stay petitions must be filed no later than December 9, 2009 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35323, 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 Daniel A. LaKemper, 1318 S. 
Johanson Road, Peoria, IL 61607.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: November 24, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-28633 Filed 12-1-09; 8:45 am]
BILLING CODE 4915-01-P