[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75676-75677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29691]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35787]


Mark W. Dobronski and Susan K. Dobronski--Acquisition of Control 
Exemption--Adrian & Blissfield Rail Road Company, Charlotte Southern 
Railroad Company, Detroit Connecting Railroad Company, Lapeer 
Industrial Railroad Company and Jackson & Lansing Railroad Company

    Mark W. Dobronski and Susan K. Dobronski (Applicants), both 
noncarriers, have filed a verified notice of exemption under 49 CFR 
1180(d)(2) to indirectly control Adrian & Blissfield Rail Road Company 
(ADBF), a Class III railroad, and ADBF's four Class III railroad 
subsidiaries: Charlotte Southern Railroad Company (CHS), Detroit 
Connecting Railroad Company (DCON), Lapeer Industrial Railroad Company 
(LIRR), and Jackson & Lansing Railroad Company (JAIL).
    Applicants state that they control Ferrovia, L.L.C. (Ferrovia), 
also a noncarrier and a limited liability company, which, until very 
recently, owned 50 percent of ADBF. On November 15, 2013, two minority 
shareholders of ADBF were required by court order to sell their 
outstanding shares back to ADBF. As a result, Ferrovia now owns 58.33 
percent of the outstanding shares of ADBF and therefore directly 
controls ADBF and indirectly controls CHS, DCON, LIRR,

[[Page 75677]]

and JAIL. Applicants, in turn, now indirectly control ADBF, CHS, DCON, 
LIRR, and JAIL. Applicants state that they have not entered into an 
agreement rendering them in indirect control of ADBF and its four 
carrier subsidiaries.
    The transaction is expected to be consummated on December 26, 2013 
(the effective date of the exemption, 30 days after the notice of 
exemption was filed).
    Petitioners state that: (1) The rail lines operated by ADBF and its 
four subsidiaries do not connect with each other; \1\ (2) this 
transaction is not part of a series of anticipated transactions that 
would connect the rail lines operated by ADBF, CHS, DCON, LIRR, and 
JAIL with any of their affiliated railroads; and (3) this transaction 
does not involve a Class I rail carrier. Therefore, the transaction is 
exempt from the prior approval acquirements of 49 U.S.C. 11323 pursuant 
to 49 CFR 1180.2(d)(2).
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    \1\ ADBF operates a 20-mile rail line between Adrian and Riga, 
Mich. CHS operates a 3.5-mile rail line near Charlotte, Mich. DCON 
operates a 2.5-mile rail line in Detroit, Mich. LIRR operates a 1.5-
mile rail line in LaPeer, Mich. JAIL operates a 47-mile rail line 
between Jackson and Lansing, Mich.
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    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 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. Petitions to stay must be filed no later than December 19, 
2013 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35787, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy must be 
served on Karl Morell, Ball Janik LLP, 655 Fifteenth Street, NW., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: December 9, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-29691 Filed 12-11-13; 8:45 am]
BILLING CODE 4915-01-P