Peter A. Gilbertson, et al. and Anacostia Rail Holdings Company-Continuance in Control Exemption-Northern Lines Railway, LLC, 1282-1283 [05-253]

Download as PDF 1282 Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Notices Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. App. 2), notice is hereby give of a meeting of the ATPAC to be held Monday, January 10, 2005 from 1 p.m. to 4:30 p.m., Tuesday, January 11, 2005 from 9 a.m. to 4:30 p.m., and Wednesday, January 12, 2005 from 9 a.m. to 4:30 p.m. The agenda for this meeting will cover: a continuation of the Committee’s review of present air traffic control procedures and practices for standardization, clarification, and upgrading of terminology and procedures. It will also include: 1. Approval of Minutes. 2. Submission and Discussion of Areas of Concern. 3. Discussion of Potential Safety Items. 4. Report from Executive Director. 5. Items of Interest. 6. Discussion and agreement of location and dates for subsequent meetings. Attendance is open to the interested public but limited to space available. With the approval of the Chairperson, members of the public may present oral statements at the meeting. Persons desiring to attend and persons desiring to present oral statements should notify the person listed above not later than January 2, 2005. The next quarterly meeting of the FAA ATPAC is planned to be held from April 18–20, 2005, in Washington, DC. Any member of the public may present a written statement to the Committee at any time at the address given above. SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on December 20, 2004. Stephen Creamer, Executive Director, Air Traffic Procedures Advisory Committee. [FR Doc. 05–238 Filed 1–5–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Application 05–06–C–00–CAK To Impose and Use the Revenue From a Passenger Facility Charge (PFC) at Akron-Canton Regional Airport, North Canton, OH Federal Aviation Administration (FAA), DOT. ACTION: Notice of intent to rule on application. AGENCY: SUMMARY: The FAA proposes to rule and invites public comment on the VerDate jul<14>2003 15:45 Jan 05, 2005 Jkt 205001 application to impose and use the revenue from PFC at Akron-Canton Regional Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158). DATES: Comments must be received on or before February 7, 2005. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Detroit Airports District Office, 1677 South Wayne Road, Suite 107, Romulus, Michigan 48174. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Richard B. McQueen, Assistant Airport Director of the Akron-Canton Regional Airport Authority at the following address: 5400 Lauby Rd #9, North Canton, Ohio 44720. Air carriers and foreign air carriers may submit copies of written comments previously provided to the AkronCanton Regional Airport Authority under section 158.23 of part 158. FOR FURTHER INFORMATION CONTACT: Mr. Jason Watt, Program Manager, Detroit Airport District Office, 11677 South Wayne Road, Suite 107, Romulus, Michigan 48174, (734) 229–2906. The application may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Akron-Canton Regional Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158). On December 8, 2004, the FAA determined that the application to impose and use the revenue from a PFC submitted by Akron-Canton Regional Airport Authority was substantially complete within the requirements of section 158.25 of Part 158. The FAA will approve or disapprove the application, in whole or in part, no later than April 11, 2005. The following is a brief overview of the application. Proposed Charge Effective Date: November 1, 2006. Proposed Charge Expiration Date: August 1, 2015. Level of the Proposed PFC: $4.50. Total Estimated PFC Revenue: $21,369,000. Brief Description of Proposed Projects: Property Acquisition, Security Enhancements, Glycol Recovery Study and Design, Acquire Snow Removal Equipment, Aircraft Apron Rehabilitation, Terminal Rehabilitation, PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Runway 14/32 Closure/Conversion to Taxiway. Class or Classes of Air Carriers, Which the Public Agency Has Requested Not be Required to Collect PFCs: Air Taxi/ Commercial Operators. Any person may inspect the application in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. The application may be reviewed in person at this same location. In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the AkronCanton Regional Airport Authority. Issued in Des Plaines, Illinois on December 29, 2004. Elliott Black, Manager, Planning and Programming Branch, Airports Division, Great Lakes Region. [FR Doc. 05–237 Filed 1–5–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34628] Peter A. Gilbertson, et al. and Anacostia Rail Holdings Company— Continuance in Control Exemption— Northern Lines Railway, LLC Peter A. Gilbertson and Bruce A. Lieberman (Gilbertson, et al.), noncarrier individuals, and Anacostia Rail Holdings Company (ARH), a noncarrier holding company (together, Petitioners), have filed a verified notice of exemption for Gilbertson et al. to continue in control of and for ARH to control Northern Lines Railway, LLC (NLR), upon NLR’s becoming a Class III rail carrier.1 The transaction was expected to be consummated on or after December 14, 2004. This transaction is related to the concurrently filed verified notice of exemption in STB Finance Docket No. 34627, Northern Lines Railway, LLC— Lease and Operation Exemption—The Burlington Northern and Santa Fe Railway Company. In that proceeding, NLR seeks to lease from The Burlington Northern and Santa Fe Railway Company and operate approximately 22.4 miles of rail line in St. Cloud, St. Joseph, and Cold Spring, MN. Gilbertson, et al. and/or ARH currently control the following Class III 1 Upon consummation of the lease in the related proceeding, ARH will not control NLR. However, because ARH may, at some point in the future have control over NLR, ARH is now seeking authority for such control. E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Notices rail carriers: (a) Chicago SouthShore & South Bend Railroad (CSS), which owns and/or operates property in Illinois and Indiana; (b) Illinois Indiana Development Company, LLC (IIDC),2 which owns (but does not currently operate) property in Illinois and Indiana; (c) Pacific Harbor Line, Inc. (PHL), which operates property in California; (d) Louisville & Indiana Railroad Company (L&I), which owns and/or operates property in Indiana and Kentucky; and (e) New York & Atlantic Railway Company (NYA), which operates property in New York.3 Petitioners state that: (1) The railroads do not connect with each other or any railroad in their corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (3) 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. 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34628, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on RoseMichele Weinryb, Esq., Weiner Brodsky Sidman Kider PC, 1300 19th St., NW., Fifth Floor, Washington, DC 20036– 1609. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 27, 2004. 2 SouthShore Corporation (SouthShore) has 60% ownership of CSS and IIDC, and Gilbertson, et al. constitute two of the three directors of SouthShore. 3 Gilbertson, et al. own and control ARH, which in turn owns and controls PHL, L&I and NYA. VerDate jul<14>2003 15:45 Jan 05, 2005 Jkt 205001 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–253 Filed 1–5–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34417 (Sub-No. 2)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company (BNSF), pursuant to a modified written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP), has agreed to grant additional local trackage rights to UP 1 over a BNSF line of railroad between BNSF milepost 113.0 and BNSF milepost 117.0 near Endicott, NE, a distance of approximately 4.0 miles.2 The transaction was scheduled to be consummated on December 24, 2004. The purpose of this transaction is to modify the temporary trackage rights exempted in Finance Docket No. 34417 to include an additional l.5 miles of trackage and to extend the expiration date to on or about May 16, 2005. The modified rights will permit UP to continue to serve the shipper at Endicott until permanent arrangements can be 1283 made for alternate rail service to this shipper, and will permit UP to handle trains carrying materials from the portion of the line that is being salvaged. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 34417 (Sub-No. 2) must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Robert T. Opal, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 22, 2004. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–254 Filed 1–5–05; 8:45 am] BILLING CODE 4915–01–P submits that the trackage rights being granted here are only temporary rights, but, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify for the Board’s new class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad Consolidation Procedures—Exemption for Temporary Trackage Rights, STB Ex Parte No. 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Docket No. 34417 (Sub-No. 3), Union Pacific Railroad Company—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company, wherein UP and BNSF request that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about May 16, 2005. That petition will be addressed by the Board in a separate decision. 2 The original trackage rights granted in Union Pacific Railroad Company—Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company, Finance Docket No. 34417 (STB served Nov. 3, 2003), extended between BNSF milepost 114.5 and BNSF milepost 117.0 near Endicott, NE, a distance of approximately 2.5 miles. By decision served December 8, 2003, in Finance Docket No. 34417 (Sub-No. 1), the Board granted an exemption to permit the trackage rights granted in Finance Docket No. 34417 to expire. At that time, it was anticipated by the parties that the rights would expire on or about October 15, 2004. However, this authority has not yet been exercised. PO 00000 1 UP Frm 00064 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34627] Northern Lines Railway, LLC—Lease and Operation Exemption—The Burlington Northern and Santa Fe Railway Company Northern Lines Railway, LLC (NLR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease, from The Burlington Northern and Santa Fe Railway Company (BNSF), and operate approximately 22.4 miles of rail line extending: (a) From the 33rd Street crossing, approximately milepost 76.03, in St. Cloud, MN, exclusive of the actual crossing, approximately one-half mile west of the St. Cloud Yard, to the current end-of-track in St. Joseph, MN, approximately milepost 81.11 at Borgert Road, Line Segment 204; and (b) from Rice Junction in St. Cloud, approximately milepost 0.0 of the Cold E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Pages 1282-1283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-253]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34628]


Peter A. Gilbertson, et al. and Anacostia Rail Holdings Company--
Continuance in Control Exemption--Northern Lines Railway, LLC

    Peter A. Gilbertson and Bruce A. Lieberman (Gilbertson, et al.), 
noncarrier individuals, and Anacostia Rail Holdings Company (ARH), a 
noncarrier holding company (together, Petitioners), have filed a 
verified notice of exemption for Gilbertson et al. to continue in 
control of and for ARH to control Northern Lines Railway, LLC (NLR), 
upon NLR's becoming a Class III rail carrier.\1\
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    \1\ Upon consummation of the lease in the related proceeding, 
ARH will not control NLR. However, because ARH may, at some point in 
the future have control over NLR, ARH is now seeking authority for 
such control.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or after December 
14, 2004.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34627, Northern Lines 
Railway, LLC--Lease and Operation Exemption--The Burlington Northern 
and Santa Fe Railway Company. In that proceeding, NLR seeks to lease 
from The Burlington Northern and Santa Fe Railway Company and operate 
approximately 22.4 miles of rail line in St. Cloud, St. Joseph, and 
Cold Spring, MN.
    Gilbertson, et al. and/or ARH currently control the following Class 
III

[[Page 1283]]

rail carriers: (a) Chicago SouthShore & South Bend Railroad (CSS), 
which owns and/or operates property in Illinois and Indiana; (b) 
Illinois Indiana Development Company, LLC (IIDC),\2\ which owns (but 
does not currently operate) property in Illinois and Indiana; (c) 
Pacific Harbor Line, Inc. (PHL), which operates property in California; 
(d) Louisville & Indiana Railroad Company (L&I), which owns and/or 
operates property in Indiana and Kentucky; and (e) New York & Atlantic 
Railway Company (NYA), which operates property in New York.\3\
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    \2\ SouthShore Corporation (SouthShore) has 60% ownership of CSS 
and IIDC, and Gilbertson, et al. constitute two of the three 
directors of SouthShore.
    \3\ Gilbertson, et al. own and control ARH, which in turn owns 
and controls PHL, L&I and NYA.
---------------------------------------------------------------------------

    Petitioners state that: (1) The railroads do not connect with each 
other or any railroad in their corporate family; (2) the transaction is 
not part of a series of anticipated transactions that would connect the 
railroads with each other or any railroad in their corporate family; 
and (3) 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. 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34628, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Rose-Michele Weinryb, Esq., 
Weiner Brodsky Sidman Kider PC, 1300 19th St., NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 27, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-253 Filed 1-5-05; 8:45 am]
BILLING CODE 4915-01-P