[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Pages 49294-49295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24963]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33458]


Cargill, Incorporated--Acquisition of Control Exemption--A&R 
Line, Inc. and J.K. Line, Inc.

    Cargill, Incorporated (Cargill), a noncarrier, has filed a notice 
of exemption to acquire control, through stock purchase, of A&R Line, 
Inc., and J.K. Line, Inc. (rail lines), Class III railroads, operating 
in the State of Indiana.<SUP>1</SUP>
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    \1\ The rail lines will be purchased from Daniel R. Frick, the 
sole shareholder of the rail lines, and are part of a larger 
transaction involving the purchase of four facilities for the 
storage and distribution of bulk commodities, fertilizer and 
agricultural chemicals. The rail lines provide the transportation 
services to two of the four facilities being purchased by Cargill.
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    The earliest the transaction could be consummated is September 12, 
1997,

[[Page 49295]]

the effective date of the exemption (7 days after the exemption was 
filed).<SUP>2</SUP>
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    \2\ Applicant indicates that consummation of the transaction 
will occur within 85 days after July 10, 1997.
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    Cargill states that: (i) The rail lines do not connect; (ii) the 
transaction is not part of a series of anticipated transactions that 
would connect these railroads with each other or with any other 
railroad in their corporate family; and (iii) 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 sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33458, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on John K. Maser, III, Esq., Donelan, Cleary, Wood & Master, 
P.C., 1100 New York Avenue, NW., Suite 750, Washington, DC 20005.

    Decided: September 12, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-24963 Filed 9-18-97; 8:45 am]
BILLING CODE 4915-00-P