|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|RAILAMERICA, INC., ET. AL.-CONTROL EXEMPTION-POINT COMFORT AND NORTHERN RAILWAY COMPANY, ROCKDALE, SANDOW & SOUTHERN RAILROAD COMPANY, THE MASSENA TERMINAL RAILROAD COMPANY, AND BAUXITE & NORTHERN RAILWAY COMPANY|
|Director Of Proceedings|
|PROVIDES NOTICE THAT RAILAMERICA., ET AL. FILED FOR EXEMPTION TO ACQUIRE CONTROL OF POINT COMFORT AND NORTHERN RAILWAY COMPANY, ROCKDALE, SANDROW & SOUTHERN RAILROAD COMPANY, THE MASSSENA TERMINAL RAILROAD COMPANY, AND BAUXITE & NORTHERN RAILWAY COMPANY.|
| 10 KB|
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|Full Text of Decision|
36254 SERVICE DATE – OCTOBER 19, 2005
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34758]
RailAmerica, Inc., et al.–Control Exemption–Point Comfort and Northern Railway Company, Rockdale, Sandow & Southern Railroad Company, The Massena Terminal Railroad Company, and Bauxite & Northern Railway Company
(RailAmerica), Palm Beach Rail Holding, Inc. (
was scheduled to be consummated on or after
RailAmerica directly controls one Class II rail carrier and
26 Class III rail carriers. In addition,
RailAmerica directly controls
Applicants state that: (i) the rail lines involved in this transaction do not connect with any rail lines now controlled, directly or indirectly by RailAmerica; (ii) this transaction is not part of a series of anticipated transactions that would connect any of these rail lines with each other; and (iii) this transaction does not involve a Class I carrier. Therefore, this transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
The purpose of this transaction is to make the efficiencies and economies of the RailAmerica structure available to PCNR, RSSR, MTRC, and BXNR.
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. Because the transaction involves at least one Class II and one or more Class III rail carriers, the exemption is subject to the labor protection requirements of 49 U.S.C. 11326(b).
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 transaction.
original and 10 copies of all pleadings, referring to STB Finance Docket
No. 34758, must be filed with the Surface Transportation Board,
Board decisions and notices are available on our website at
Decided: October 11, 2005.
By the Board, David M. Konschnik, Director, Office of Proceedings.