C&J Railroad Company, d/b/a Mississippi Delta Railroad-Acquisition and Operation Exemption-in Tallahatchie County, MS, 24164 [05-8840]

Download as PDF 24164 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices are currently controlled by John C. Nolan, a noncarrier individual.1 As a result of this transaction, John C. Nolan and Mark Rosner will control East Penn and Penn Eastern through PEH.2 PEH states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently, East Penn has filed verified notices of exemption: (1) In STB Finance Docket No. 34677, East Penn Railways, Inc. Acquisition Exemption— Southeastern Pennsylvania Transportation Authority, wherein East Penn seeks to acquire a segment of track, currently owned by the Southeastern Pennsylvania Transportation Authority and operated by East Penn pursuant to a modified rail certificate, known as the Octoraro Branch (or Line 142), extended approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the Pennsylvania/Maryland state line near Sylmar, MD; 3 (2) in STB Finance Docket No. 34678, East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc., wherein East Penn seeks to acquire from ISG Railways, Inc. and operate a line of railroad known as Line 907, extending between approximately milepost 12.66 ± at the Delaware/Pennsylvania state line and milepost 29.72 at Modena, PA, a distance of 17.02 miles; and (3) in STB Finance Docket No. 34679, East Penn Railways, Inc.—Acquisition and Operation Exemption—Reading Company, wherein East Penn seeks to acquire from the Reading Company and operate a line of railroad known as Line 939, extending from the Pennsylvania/ Delaware state line at approximately milepost 12.66 ± to milepost 1.89, near Elsmere Junction, DE, a distance of approximately 10.77 miles.4 According to PEH and East Penn, these lines connect with each other but not with the lines of Penn Eastern. PEH states that: (1) The railroads will not connect with each other or any railroad in their corporate family; (2) the control 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; 1 See John C. Nolan—Control Exemption-Penn Eastern Rail Lines, Inc., STB Finance Docket No. 34223 (STB served July 22, 2002). 2 By facsimile filed on April 15, 2005, PEH informed the Board that John C. Nolan will own 80% of the stock of PEH and Mark Rosner will own the remaining 20% of PEH’s stock. 3 See East Penn Railways, Inc.—Modified Rail Certificate, STB Finance Docket No. 34618 (STB served Dec. 21, 2004). 4 See Certificate of Designated Operator, Delaware Valley Railway Co., D–OP 59 (USRA Line No. 907/ 939) (ICC served Oct. 14, 1994). VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval of 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 section 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. 34676, 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 John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 26, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8955 Filed 5–5–05; 8:45 am] beyond Canadian National Railway Company/Illinois Central Gulf Railroad Company’s milepost 104. MSD certifies that its projected revenues as a result of the transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million annually. The transaction was scheduled to be consummated on or after April 14, 2005, the effective date of the exemption (7 days after the exemption was filed). 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. 34673, 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 Reggie Howell, C&J Railroad Company, 1710–L East Tenth Street, Jeffersonville, IN 47130. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 27, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8840 Filed 5–5–05; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORATION Surface Transportation Board Surface Transportation Board [STB Finance Docket No. 34673] [STB Finance Docket No. 34677] C&J Railroad Company, d/b/a Mississippi Delta Railroad— Acquisition and Operation Exemption—in Tallahatchie County, MS East Penn Railways, Inc.—Acquisition Exemption—Southeastern Pennsylvania Transportation Authority C&J Railroad Company, d/b/a Mississippi Delta Railroad (MSD), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease 1 and operate 1,320 feet, or 0.25 miles, of track, including yard, lead and switching tracks (without assigned mileposts) that extends north 1 MSD states that it has leased the rail line since July 1, 2001, but that it will not commence operations until the effective date of this exemption. PO 00000 Frm 00204 Fmt 4703 Sfmt 4703 East Penn Railways, Inc. (East Penn), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire a segment of track that is currently owned by the Southeastern Pennsylvania Transportation Authority (SEPTA) and operated by East Penn pursuant to a modified rail certificate. The subject line, known as the Octoraro Branch (also referred to as Line 142), extends approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Page 24164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8840]


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DEPARTMENT OF TRANSPORATION

Surface Transportation Board

[STB Finance Docket No. 34673]


C&J Railroad Company, d/b/a Mississippi Delta Railroad--
Acquisition and Operation Exemption--in Tallahatchie County, MS

    C&J Railroad Company, d/b/a Mississippi Delta Railroad (MSD), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire by lease \1\ and operate 1,320 feet, or 0.25 miles, 
of track, including yard, lead and switching tracks (without assigned 
mileposts) that extends north beyond Canadian National Railway Company/
Illinois Central Gulf Railroad Company's milepost 104.
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    \1\ MSD states that it has leased the rail line since July 1, 
2001, but that it will not commence operations until the effective 
date of this exemption.
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    MSD certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
carrier and will not exceed $5 million annually.
    The transaction was scheduled to be consummated on or after April 
14, 2005, the effective date of the exemption (7 days after the 
exemption was filed).
    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. 34673, 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 Reggie Howell, C&J Railroad 
Company, 1710-L East Tenth Street, Jeffersonville, IN 47130.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 27, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8840 Filed 5-5-05; 8:45 am]
BILLING CODE 4915-01-P
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