[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Page 58624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23370]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35656]


Progressive Rail Incorporated--Acquisition and Operation 
Exemption--Rail Lines of Crab Orchard & Egyptian Railroad Company

    Progressive Rail Incorporated (PGR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from Crab Orchard & Egyptian Railroad Company (COER) and to operate 
12.23 miles of COER's rail lines in Williamson County, Ill.\1\ The rail 
lines are: (1) COER's Marion District between milepost 99.47 at or near 
Ordill and milepost 108.00 at or near Marion, a distance of 8.53 miles; 
(2) COER's Herrin District between milepost No. 10.7 and milepost 13.4, 
a distance of 2.7 miles; and (3) north from the wye track between 
milepost No. C94 and milepost C93, a distance of 1.0 mile.
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    \1\ PGR originally filed its notice of exemption on September 5, 
2012. On September 6 and September 7, 2012, it amended its notice of 
exemption. Accordingly, September 7, 2012, will be considered the 
filing date of the verified notice.
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    PGR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier but that its projected annual revenues will exceed $5 
million. On Sept. 5, 2012, as part of its initial verified notice of 
exemption filing, PGR certified that it posted the notice required by 
49 CFR 1150.32(e) at the headquarters of COER at Marion.\2\
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    \2\ PGR explains that, because COER employees are not members of 
a labor union, the notice was not sent to the national office of any 
labor union.
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    Although PGR indicates that the proposed transaction will be 
consummated no sooner than the 30 days after the verified notice was 
filed, under 49 CFR 1150.32(e) this exemption cannot become effective 
November 4, 2012 (60 days after PGR submitted its certification to the 
Board).
    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 October 26, 
2012 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35656, 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 F. McFarland, P.C., 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 17, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-23370 Filed 9-20-12; 8:45 am]
BILLING CODE 4915-01-P