[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Page 42038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17657]


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SURFACE TRANSPORTATION BOARD

[Docket No. 36335]


Progressive Rail Incorporated--Continuance in Control Exemption--
Chicago St. Paul & Pacific Railroad LLC

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of Chicago St. Paul & Pacific Railroad LLC (CSP), a 
noncarrier subsidiary of PGR, upon CSP's becoming a Class III rail 
carrier.
    CSP has concurrently filed a verified notice of exemption in 
Chicago St. Paul & Pacific Railroad--Change in Operators Exemption--
Chicago Terminal Railroad, Docket No. FD 36327. In that docket, CSP 
seeks to acquire a leasehold and operating interest in a 3.47-mile line 
of railroad (the Line) near Bensenville, Ill., owned by Soo Line 
Railroad Company and currently operated by Chicago Terminal Railroad. 
PGR notes that CSP is a new entity established by PGR to operate the 
Line.
    The earliest this transaction may be consummated is August 31, 
2019, the effective date of the exemption (30 days after the verified 
notice was filed). PGR states that it intends to consummate the 
transaction concurrently with CSP's commencement of operations, 
pursuant to Docket No. FD 36327, on or about September 1, 2019.
    PGR will continue in control of CSP upon CSP's becoming a Class III 
rail carrier, while remaining in control of nine other Class III 
carriers: Airlake Terminal Railway Company, LLC; Central Midland 
Railway Company; Iowa Traction Railway Company; Iowa Southern Railway 
Company; Piedmont & Northern Railroad, LLC; Chicago Junction Railway 
Company; St. Paul & Pacific Railroad Company, LLC; Clackamas Valley 
Railway Company, LLC; and St. Paul & Pacific Northwest Railroad 
Company, LLC.
    PGR verifies that: (1) The Line does not connect with the lines of 
PGR or the lines of any of the other nine Class III rail carriers 
controlled by PGR; (2) this continuance in control transaction is not 
part of a series of anticipated transactions that would result in such 
a connection; 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 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 August 23, 2019 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36335, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy 
of each pleading must be served on PGR's representative, Bradon J. 
Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606.
    According to PGR, this action is excluded from environmental review 
under 49 CFR 1105.6(c) and from historic preservation reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 13, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-17657 Filed 8-15-19; 8:45 am]
BILLING CODE 4915-01-P