81 FR 50045 - Progressive Rail Incorporated-Continuance in Control Exemption-Iowa Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 146 (July 29, 2016)

[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Page 50045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17992]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36051]


Progressive Rail Incorporated--Continuance in Control Exemption--
Iowa Southern Railway Company

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Iowa Southern Railway Company (ISR), upon ISR's 
becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Iowa Southern Railway Company--Lease & Operation 
Exemption--Appanoose County Community Railroad, Docket No. FD 36050, 
wherein ISR seeks Board approval to lease and operate approximately 
34.5 miles of rail line between milepost 0.0 in Centerville, Appanoose 
County, Iowa, and milepost 34.5 in Albia, Monroe County, Iowa.
    The transaction may be consummated on or after August 13, 2016, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    PGR owns or operates rail lines in Minnesota, Wisconsin, and 
Illinois, and controls three other Class III rail carriers that operate 
rail lines in Minnesota, Missouri, and Iowa.
    PGR represents that: (1) The rail line to be leased and operated by 
ISR does not connect with any of the rail lines of PGR or of the other 
three Class III rail carriers controlled by PGR; (2) the continuance in 
control is not a part of a series of anticipated transactions that 
would result in such a connection; and (3) the transaction does not 
involve a Class I 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 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 for stay must be filed by August 5, 2016 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36051, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Thomas J. Litwiler and Audrey L. Brodrick, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 26, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-17992 Filed 7-28-16; 8:45 am]
BILLING CODE 4915-01-P