[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Notices]
[Page 1371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-329]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33979]


CenTra, Inc., et al.--Continuance in Control Exemption--Riverview 
Trenton Railroad Company

    CenTra, Inc. (CenTra) and Crown Enterprises, Inc. (Crown) 
(collectively applicants), noncarriers, have filed a verified notice of 
exemption to continue in control of the Riverview Trenton Railroad 
Company (Riverview), upon Riverview's becoming a Class III railroad.
    The transaction was expected to be consummated on the effective 
date of the exemption. The earliest the transaction could be 
consummated was December 20, 2000, 7 days after the exemption was 
filed.
    This transaction is related to STB Finance Docket No. 33980, 
Riverview Trenton Railroad Company--Acquisition and Operation 
Exemption--Crown Enterprises, Inc., wherein Riverview seeks to acquire 
a line of railroad approximately 1.5 miles long in Riverview and 
Trenton, MI.
    CenTra controls Crown and Crown controls Jefferson Terminal 
Railroad Company (Jefferson), an entity formed to become a Class III 
railroad, which has filed a notice of exemption to acquire and operate 
a lined owned by Crown in Detroit, MI.\1\
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    \1\ The notice of exemption was filed in Jefferson Terminal 
Railroad Co.--Acquisition and Operation Exemption--Crown 
Enterprises, Inc., STB Finance Docket No. 33950 (STB served and 
published at 65 FR 66802 on Nov. 7, 2000). A petition filed by the 
City of Detroit to revoke the exemption is currently pending.
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    Applicants state that (i) the rail lines of Riverview and Jefferson 
will not connect with each other, (ii) the transaction is not part of a 
series of transactions that would connect the railroads with each other 
and there is no other railroad in the 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. 33979, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Daniel C. Sullivan, Esq., Sullivan & Hincks, 122 W. 22nd 
Street, Suite 350, Oak Brook, IL 60523.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 29, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-329 Filed 1-8-01; 8:45 am]
BILLING CODE 4915-00-P