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