Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse Resources, Inc.-Control Exemption-Caney Fork and Western RR, Inc., 2295 [06-235]

Download as PDF hsrobinson on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices is designed to provide insight on safety and security research, technology and analysis accomplishments that support FMCSA’s mission to reduce the number and severity of commercial motor vehicle (CMV) crashes and fatalities and enhance efficiency of CMV operations. The forum topics will include a conference report on the 2005 International Conference on Fatigue Management in Transportation Operations; updated FMCSA activities in the hazardous materials area; and accomplishments to date on medical qualifications, driver health and medical reporting initiatives. 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To attend the forum only, send an email to RApartnerships@fmcsa.dot.gov. Information about registration for the TRB Annual Meeting will be available at http://www.trb.org. FOR FURTHER INFORMATION CONTACT: Mr. Albert Alvarez, Office of Research and Analysis (MC–RRR), Federal Motor Carrier Safety Administration, 400 Virginia Avenue, SW., Washington, DC 20024. Telephone (202) 385–2387 or email albert.alvarez@fmcsa.dot.gov. Office hours are from 8 a.m. to 4:30 p.m., E.S.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Forum attendees will receive an information packet on current R&A programs. While the forum is open to the public, it will be limited to space available. Individuals requiring special needs/ accommodations (sign, reader, etc.), please call Joanice Cole at (202) 334– 2287, or e-mail jcole@nas.edu. VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 Issued on: January 10, 2006. Annette M. Sandberg, Administrator. [FR Doc. E6–344 Filed 1–12–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34809] Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse Resources, Inc.—Control Exemption—Caney Fork and Western RR, Inc. Gregory B. Cundiff and Connie Cundiff (together, Cundiffs), CGX, Inc. (CGX), and Ironhorse Resources, Inc. (Ironhorse), noncarriers (together, Applicants), have filed a verified notice of exemption to acquire control of Caney Fork and Western RR, Inc. (CFWR), a Class III railroad.1 CFWR operates in Tennessee. The transaction was expected to be consummated on or after December 23, 2005. The Cundiffs directly control CGX, which in turn directly controls Ironhorse. CGX directly controls three Class III rail carriers: Mississippi Tennessee Holdings, LLC; Lone Star Railroad, Inc.; and Rio Valley Railroad, Inc. Ironhorse directly controls four Class III rail carriers: Mississippi Tennessee Railroad, LLC; Railroad Switching Service of Missouri; Rio Valley Switching Company; and Southern Switching Company. Applicants state that: (1) The rail lines operated by CFWR, and by rail carriers controlled by CGX and Ironhorse 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). The purpose of this transaction is to make the efficiencies and economies of the Applicants’ corporate structure available to CFWR. 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 1 The Cundiffs will acquire CFWR pursuant to their acquiring a controlling interest in CFWR’s stock. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 2295 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. 34809, 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 Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604–1112. Board decisions and notices are available on our Web site at http:// www.stp.dot.gov. Decided: January 5, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–235 Filed 1–12–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34783] The Indiana Rail Road Company— Acquisition—Soo Line Railroad Company AGENCY: Surface Transportation Board, DOT. Decision No. 2 in STB Finance Docket No. 34783; Notice of Acceptance of Application; Issuance of Procedural Schedule. ACTION: SUMMARY: The Surface Transportation Board (Board) is accepting for consideration the application filed December 15, 2005, by The Indiana Rail Road Company (INRD) and Soo Line Railroad Company (Soo). The application seeks Board approval under 49 U.S.C. 11323–26 for INRD’s acquisition of (a) Soo’s Latta Subdivision, a 92.3-mile railroad line extending from milepost 170.1 at Fayette, IN, to milepost 262.4 at Bedford, IN, (b) certain overhead trackage rights currently held by Soo between Chicago, IL, and Terre Haute, IN, and between Bedford, IN, and Louisville, KY, and (c) certain ancillary E:\FR\FM\13JAN1.SGM 13JAN1

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[Federal Register Volume 71, Number 9 (Friday, January 13, 2006)]
[Notices]
[Page 2295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-235]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34809]


Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse 
Resources, Inc.--Control Exemption--Caney Fork and Western RR, Inc.

    Gregory B. Cundiff and Connie Cundiff (together, Cundiffs), CGX, 
Inc. (CGX), and Ironhorse Resources, Inc. (Ironhorse), noncarriers 
(together, Applicants), have filed a verified notice of exemption to 
acquire control of Caney Fork and Western RR, Inc. (CFWR), a Class III 
railroad.\1\ CFWR operates in Tennessee.
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    \1\ The Cundiffs will acquire CFWR pursuant to their acquiring a 
controlling interest in CFWR's stock.
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    The transaction was expected to be consummated on or after December 
23, 2005.
    The Cundiffs directly control CGX, which in turn directly controls 
Ironhorse. CGX directly controls three Class III rail carriers: 
Mississippi Tennessee Holdings, LLC; Lone Star Railroad, Inc.; and Rio 
Valley Railroad, Inc. Ironhorse directly controls four Class III rail 
carriers: Mississippi Tennessee Railroad, LLC; Railroad Switching 
Service of Missouri; Rio Valley Switching Company; and Southern 
Switching Company.
    Applicants state that: (1) The rail lines operated by CFWR, and by 
rail carriers controlled by CGX and Ironhorse 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).
    The purpose of this transaction is to make the efficiencies and 
economies of the Applicants' corporate structure available to CFWR.
    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. 34809, 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 Thomas F. McFarland, Thomas F. 
McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 
60604-1112.
    Board decisions and notices are available on our Web site at http:/
/www.stp.dot.gov.

    Decided: January 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-235 Filed 1-12-06; 8:45 am]
BILLING CODE 4915-01-P