Genesee & Wyoming Inc.-Continuance in Control Exemption-First Coast Railroad, Inc., 21268 [05-8108]

Download as PDF 21268 Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices industry perspectives, 2 associate representatives from the agencies with railroad safety regulatory responsibility in Canada and Mexico and other diverse groups. Staffs of the National Transportation Safety Board and the Federal Transit Administration also participate in an advisory capacity. See the RSAC Web site for details on pending tasks at: https://rsac.fra.dot.gov/ . Please refer to the notice published in the Federal Register on March 11, 1996, (61 FR 9740) for more information about the RSAC. Issued in Washington, DC on April 19, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 05–8134 Filed 4–22–05; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34671] rmajette on DSK29S0YB1PROD with NOTICES Genesee & Wyoming Inc.— Continuance in Control Exemption— First Coast Railroad, Inc. Genesee & Wyoming Inc. (GWI) has filed a verified notice of exemption to continue in control of First Coast Railroad, Inc. (FCRD), upon FCRD’s becoming a Class III rail carrier. The transaction was expected to be consummated on or after April 9, 2005. This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 34670, First Coast Railroad, Inc.—Lease and Operation Exemption—CSX Transportation, Inc., wherein FCRD seeks to acquire by lease from CSX Transportation, Inc. and operate approximately 31.83 miles of rail line in Florida and Georgia. GWI is a noncarrier holding company that directly or indirectly controls one operating Class II rail carrier and 22 operating and four non-operating Class III rail carriers.1 Applicant states that: (1) The lines being leased and operated by FCRD do not connect with any other rail lines in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the leased lines with any other rail lines in GWI’s corporate family; and (3) the transaction does not involve a 1 The common control of these carriers was authorized in Genesee & Wyoming, Inc.— Continuance in Control Exemption—Tazewell & Peoria Railroad, Inc., STB Finance Docket No. 34545 (STB served Oct. 1, 2004). VerDate Nov<24>2008 14:51 Oct 19, 2009 Jkt 220001 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. Because the transaction involves one Class II and a number of 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34671, 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 Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. would qualify it as a Class III rail carrier, and further certifies that its projected annual revenues will not exceed $5 million per year. The transaction was expected to be consummated on or after April 9, 2005. This transaction is related to STB Finance Docket No. 34671, Genesee & Wyoming Inc.—Continuance in Control Exemption—First Coast Railroad, Inc., wherein Genesee & Wyoming Inc. has concurrently filed a verified notice of exemption to continue in control of FCRD upon its becoming a rail carrier. 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. 34670, 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 Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 18, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8108 Filed 4–22–05; 8:45 am] Decided: April 18, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8107 Filed 4–22–05; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34670] First Coast Railroad, Inc.—Lease and Operation Exemption—CSX Transportation, Inc. First Coast Railroad, Inc. (FCRD), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease, from CSX Transportation, Inc. (CSXT), and operate approximately 31.83 miles of rail line consisting of the Kingsland Subdivision between Yulee, FL, milepost S 611.95, and the end of the track at Seals, GA, milepost S 593.4, and the Fernandina Subdivision between Yulee, milepost SMA 35.1, and the end of the track at Fernandina, FL, milepost SMA 48.38. FCRD certifies that its projected annual revenues as a result of this transaction will not exceed those that PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request April 15, 2005. The Department of Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. Dates: Written comments should be received on or before May 25,2005 to be assured of consideration. E:\TEMP\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8108]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34671]


Genesee & Wyoming Inc.--Continuance in Control Exemption--First 
Coast Railroad, Inc.

    Genesee & Wyoming Inc. (GWI) has filed a verified notice of 
exemption to continue in control of First Coast Railroad, Inc. (FCRD), 
upon FCRD's becoming a Class III rail carrier.
    The transaction was expected to be consummated on or after April 9, 
2005.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34670, First Coast Railroad, 
Inc.--Lease and Operation Exemption--CSX Transportation, Inc., wherein 
FCRD seeks to acquire by lease from CSX Transportation, Inc. and 
operate approximately 31.83 miles of rail line in Florida and Georgia.
    GWI is a noncarrier holding company that directly or indirectly 
controls one operating Class II rail carrier and 22 operating and four 
non-operating Class III rail carriers.\1\
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    \1\ The common control of these carriers was authorized in 
Genesee & Wyoming, Inc.--Continuance in Control Exemption--Tazewell 
& Peoria Railroad, Inc., STB Finance Docket No. 34545 (STB served 
Oct. 1, 2004).
---------------------------------------------------------------------------

    Applicant states that: (1) The lines being leased and operated by 
FCRD do not connect with any other rail lines in its corporate family; 
(2) the continuance in control is not part of a series of anticipated 
transactions that would connect the leased lines with any other rail 
lines in GWI's 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. Because the transaction 
involves one Class II and a number of 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34671, 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 Eric M. Hocky, Gollatz, Griffin 
& Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., 
Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 18, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8108 Filed 4-22-05; 8:45 am]
BILLING CODE 4915-01-P
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