[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53370-53371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21626]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35379]


RailAmerica, Inc., Palm Beach Holding, Inc., RailAmerica 
Transportation Corp., Central Railroad Company of Indianapolis, Chicago 
Ft. Wayne and Eastern Railroad Division, Fortress Investment Group, 
LLC, and RR Acquisition Holding, LLC--Control Exemption--Delphos 
Terminal Company, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice.

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SUMMARY: The Board grants an exemption, under 49 U.S.C. 10502, from the 
prior approval requirements of 49 U.S.C. 11323-25, for RailAmerica, 
Inc. (RailAmerica); Palm Beach Holding, Inc. (Palm Beach); RailAmerica 
Transportation Corp. (RTC); Central Railroad Company of Indianapolis 
(CERA); Chicago Ft. Wayne and Eastern Railroad Division (CFE); Fortress 
Investment Group, LLC (Fortress), on behalf of certain private equity 
funds managed by Fortress and its affiliates; and RR Acquisition 
Holding, LLC (RR Acquisition), to acquire control of Delphos Terminal 
Company, Inc. (DTC), subject to labor protective conditions. Pursuant 
to an agreement that CERA, a Class III rail carrier, intends to enter 
into with Bunge North America (East), LLC (Bunge), the parent company 
of DTC, CERA will acquire from Bunge all of the issued and outstanding 
shares of stock of DTC and will thus acquire direct control of DTC. 
Fortress, RR Acquisition, RailAmerica, Palm Beach, and RTC will 
indirectly control DTC, because Fortress's noncarrier affiliate, RR 
Acquisition, controls noncarrier RailAmerica; RailAmerica directly 
controls noncarrier Palm Beach; Palm Beach directly controls noncarrier 
RTC; and RTC directly controls CERA. RailAmerica is a holding company 
that directly or indirectly controls 1 Class II and 29 Class III 
railroads. Fortress is a noncarrier that indirectly controls 1 Class II 
rail carrier.\1\
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    \1\ The Board exempted the transfer of indirect control of that 
Class II carrier, Florida East Coast Railway, LLC (FEC), from 
Fortress to RailAmerica, with Fortress retaining indirect control of 
RailAmerica, in Fortress Inv. Group, LLC et al.--Exemption for 
Transaction within a Corporate Family, Docket No. FD 35123 (STB 
served Mar. 19, 2008). According to petitioners, to date, 
RailAmerica has not yet exercised the control of FEC.

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[[Page 53371]]


DATES: This exemption will be effective on September 25, 2010. 
Petitions to stay must be filed by September 3, 2010. Petitions to 
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reopen must be filed by September 15, 2010.

ADDRESSES: Send an original and 10 copies of all pleadings, referring 
to Docket No. FD 35379, to: Surface Transportation Board, 395 E Street, 
SW., Washington, DC 20423-0001. In addition, send one copy of pleadings 
to Louis E. Gitomer, Esq., Law Offices of Louis E. Gitomer, 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.

FOR FURTHER INFORMATION CONTACT: Eric Davis, (202) 245-0393 [Assistance 
for the hearing impaired is available through the Federal Information 
Relay Service (FIRS) at 1-800-877-8339].

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. Board decisions and notices are available on our Web 
site at http://www.stb.dot.gov.

    Decided: August 25, 2010.
    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-21626 Filed 8-30-10; 8:45 am]
BILLING CODE 4915-01-P