[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Page 56911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22716]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35671]


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

    Progressive Rail Incorporated (PGR) has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Iowa Traction Railway Company (Iowa Railway) upon Iowa Railway's 
becoming a Class III rail carrier.
    In a concurrently filed verified notice of exemption, Iowa Railway 
seeks Board approval to acquire from Iowa Traction Railroad Company 
(Iowa Railroad) and to operate a 10.4-mile rail line extending from 
milepost 0.0 at Mason City to milepost 10.4 at Clear Lake in Cerro 
Gordo County, Iowa (the Line). Iowa Traction Ry.--Acquis. & Operation 
Exemption--Rail Line of Iowa Traction R.R., Docket No. FD 35670.
    The transaction may be consummated on or after September 30, 2012 
(the effective date of the exemption).
    PGR is a Class III rail carrier currently operating rail lines in 
Minnesota and Wisconsin. PGR also controls Central Midland Railway 
Company, which operates in Missouri.
    PGR certifies that: (1) The Line does not connect with any other 
railroads in the corporate family; (2) the transaction is not part of a 
series of anticipated transactions that would connect the Line with any 
other railroads in the 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 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 September 21, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35671, 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 Thomas F. McFarland, 208 South LaSalle 
Street, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: September 11, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-22716 Filed 9-13-12; 8:45 am]
BILLING CODE 4915-01-P