Permian Basin Railways, Inc.-Acquisition of Control Exemption-San Luis & Rio Grande Railroad Company, Inc., 2107 [06-231]

Download as PDF Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Notices 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. 34807, 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: Richard R. Wilson, Esq., 127 Lexington Avenue, Ste. 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. [STB Finance Docket No. 34799] Permian Basin Railways, Inc.— Acquisition of Control Exemption— San Luis & Rio Grande Railroad Company, Inc. DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34808] erjones on PROD1PC68 with NOTICES Chicago Port Railroad Company— Operation Exemption—Ozinga Transportation Chicago Port Railroad Company (CPRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 1.3 miles of rail line owned by Ozinga Transportation. The line consists of The Calumet River Yard and the Transload Facility trackage located adjacent to the Calumet River in Chicago, IL, and does not have milepost numbers. CPRR certifies that its projected annual revenues as a result of the transaction do not exceed those that would qualify it as a Class III rail carrier. The transaction was scheduled to be consummated prior to January 1, 2006, but consummation could lawfully occur no earlier than December 23, 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. 34808, must be filed with Jkt 208001 BILLING CODE 4915–01–P Surface Transportation Board BILLING CODE 4915–01–P 15:02 Jan 11, 2006 Decided: January 4, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–232 Filed 1–11–06; 8:45 am] DEPARTMENT OF TRANSPORTATION Decided: January 5, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–217 Filed 1–11–06; 8:45 am] VerDate Aug<31>2005 the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on David C. Dillon, Dillon & Nash, Ltd., 111 West Washington Street, Suite 719, Chicago, IL 60602. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Permian Basin Railways, Inc. (Permian), a noncarrier,1 has filed a verified notice of exemption to acquire control of Class III carrier San Luis & Rio Grande Railroad Company, Inc. (SLRG).2 SLRG is currently owned by RailAmerica Transportation Corp. (RTC), a short line railroad holding company, indirectly controlled by RailAmerica, Inc.3 The transaction was expected to be consummated on or after December 22, 2005. Permian states 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 1 Permian owns the stock of three existing Class III short line railroads: West Texas and Lubbock Railway Company, Inc., the Austin & Northwestern Railroad Company, Inc. d/b/a Texas New Mexico Railroad, and the Arizona Eastern Railway Company, Inc. 2 A redacted version of the executed purchase and sale agreement and all supporting documents was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for a protective order. A protective order was served on December 23, 2005. 3 RTC and RailAmerica formed SLRG in 2003 for the purpose of acquiring the subject rail lines from the Union Pacific Railroad Company. The Board authorized SLRG’s acquisition of the subject lines and RTC’s and RailAmerica’s control of SLRG in STB Finance Docket Nos. 34350 and 34352, respectively. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 2107 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 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. 34799, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of all pleadings 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 ‘‘http:// www.stb.dot.gov.’’ Decided: January 5, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–231 Filed 1–11–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request January 6, 2006. 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 February 13, 2006 to be assured of consideration. E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Page 2107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-231]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34799]


Permian Basin Railways, Inc.--Acquisition of Control Exemption--
San Luis & Rio Grande Railroad Company, Inc.

    Permian Basin Railways, Inc. (Permian), a noncarrier,\1\ has filed 
a verified notice of exemption to acquire control of Class III carrier 
San Luis & Rio Grande Railroad Company, Inc. (SLRG).\2\ SLRG is 
currently owned by RailAmerica Transportation Corp. (RTC), a short line 
railroad holding company, indirectly controlled by RailAmerica, Inc.\3\
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    \1\ Permian owns the stock of three existing Class III short 
line railroads: West Texas and Lubbock Railway Company, Inc., the 
Austin & Northwestern Railroad Company, Inc. d/b/a Texas New Mexico 
Railroad, and the Arizona Eastern Railway Company, Inc.
    \2\ A redacted version of the executed purchase and sale 
agreement and all supporting documents was filed with the notice of 
exemption. The full version of the agreement, as required by 49 CFR 
1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for a protective order. A protective order was served on 
December 23, 2005.
    \3\ RTC and RailAmerica formed SLRG in 2003 for the purpose of 
acquiring the subject rail lines from the Union Pacific Railroad 
Company. The Board authorized SLRG's acquisition of the subject 
lines and RTC's and RailAmerica's control of SLRG in STB Finance 
Docket Nos. 34350 and 34352, respectively.
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    The transaction was expected to be consummated on or after December 
22, 2005.
    Permian states 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 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. 34799, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of all pleadings 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 
``http://www.stb.dot.gov.''

    Decided: January 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-231 Filed 1-11-06; 8:45 am]
BILLING CODE 4915-01-P