Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse Resources, Inc.-Control Exemption-Caney Fork and Western RR, Inc., 2295 [06-235]
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hsrobinson on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices
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subject-matter experts through an open
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a.m. to 12:30 p.m. Registration will
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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 https://
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
]]>Agencies
[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.
---------------------------------------------------------------------------
\1\ The Cundiffs will acquire CFWR pursuant to their acquiring a
controlling interest in CFWR's stock.
---------------------------------------------------------------------------
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
