Richard J. Corman and R.J. Corman Railroad Group, LLC-Continuance in Control; Exemption-R.J. Corman Railroad Company/Tennessee Terminal, LLC, 5906 [E6-1489]

Download as PDF 5906 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34772, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 30, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–1488 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34775] hsrobinson on PROD1PC70 with NOTICES Richard J. Corman and R.J. Corman Railroad Group, LLC—Continuance in Control; Exemption—R.J. Corman Railroad Company/Tennessee Terminal, LLC Richard J. Corman (Corman) and R.J. Corman Railroad Group, LLC (Group) (collectively applicants), have filed a verified notice of exemption to continue in control of R.J. Corman Railroad Company/Tennessee Terminal, LLC (RJCK), upon RJCK’s becoming a Class III rail carrier.1 The transaction was scheduled to be consummated on January 15, 2006. This transaction is related to the concurrently filed verified notice of exemption in STB Finance Docket No. 34772, R.J. Corman Railroad Company/ Tennessee Terminal, LLC—Lease and Operation Exemption—BNSF Railway Company. In that proceeding, RJCK seeks to acquire by lease from BNSF Railway Company (BNSF) and operate approximately 46.7 miles of rail lines in Shelby County, TN, and DeSoto County, MS. Group controls seven Class III rail carriers: R.J. Corman Railroad Company/ Pennsylvania Lines Inc. (Pennsylvania Lines), R.J. Corman Railroad Company/ Memphis Line (Memphis Line), R.J. Corman Railroad Company/Western Ohio Line (Western Ohio Line), R.J. Corman Railroad Company/Cleveland Line (Cleveland Line), R.J. Corman Railroad Company/Bardstown Line (Bardstown Line), R.J. Corman Railroad 1 Group, a noncarrier holding company, is owned by Corman and directly controls JCK. VerDate Aug<31>2005 15:00 Feb 02, 2006 Jkt 208001 Company/Allentown Lines, Inc. (Allentown Lines), and R.J. Corman Railroad Company/Central Kentucky Lines, LLC (Central Kentucky Lines). Corman also owns R.J. Corman Railroad Property, LLC (RJRP), a Class III nonoperating rail carrier, and owns a controlling interest in the Clearfield & Mahoning Railway Company (CMRC), also a Class III rail carrier. Applicants state that: (1) The rail lines operated by Pennsylvania Lines, Memphis Line, Western Ohio Line, Cleveland Line, Bardstown Line, Allentown Lines, Central Kentucky Lines, RJRP, and CMRC do not connect with the rail line being leased by RJCK; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail line being leased by RJCK with any railroad in the Corman corporate family; and (3) the transaction does not involve a Class I rail 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 the transaction is to allow Corman and Group to continue in control of RJCK after RJCK becomes a Class III rail carrier. 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. 34775, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 30, 2006. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–1489 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34823] The Kansas City Southern Railway Company—Trackage Rights Exemption—Meridian Speedway LLC Meridian Speedway LLC (MSLLC) has agreed to grant local and overhead trackage rights to The Kansas City Southern Railway Company (KCSR) 1 to permit KCSR to operate over a line of railroad being transferred to MSLLC.2 The trackage rights extend over this line between milepost 0.0 at Meridian, MS, and milepost 95.26 ± at Jackson, MS, and between milepost 95.7 ± at Jackson, MS, and milepost V–169.85 ± at Shreveport, LA, a total distance of approximately 320 miles.3 KCSR had intended to consummate the transaction on the later of two dates, January 24, 2006, or when the transaction described in STB Finance Docket No. 34822 is consummated. However, by decision served on January 23, 2006, the effective date of the three exemptions was stayed, at the joint request of CN, NSR, KCS, KCSR, and MSLLC, until February 23, 2006. Accordingly, consummation of the transaction cannot occur until February 23, at the earliest. 1 A redacted version of the trackage rights agreement was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under seal along with a motion for a protective order. 2 KCSR’s verified notice of exemption is related to two other verified notices of exemption filed on January 17, 2006. In STB Finance Docket No. 34822, Kansas City Southern (KCS), KCSR, and MSLLC have filed a notice of exemption relating to an intracorporate family transaction pursuant to which KCSR will transfer its line between Meridian, MS, and Shreveport, LA, to MSLLC, KCS will continue in control of MSLLC (which will become a carrier upon acquiring the line), and KCSR will contract with MSLLC to operate the transferred line on MSLLC’s behalf. In STB Finance Docket No. 34821, Norfolk Southern Railway Company (NSR) has filed a notice of exemption to acquire trackage rights over the line to be transferred to MSLLC in STB Finance Docket No. 34822. 3 KCSR currently operates via trackage rights over the approximately four-tenths of a mile section of track in Jackson, MS, connecting these two line segments. That section of track is controlled by Canadian National Railway Company (CN) as successor to Illinois Central Railroad Company (IC) pursuant to a trackage rights agreement dated March 26, 1986, between MidSouth Rail Corporation and IC. E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Page 5906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1489]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34775]


Richard J. Corman and R.J. Corman Railroad Group, LLC--
Continuance in Control; Exemption--R.J. Corman Railroad Company/
Tennessee Terminal, LLC

    Richard J. Corman (Corman) and R.J. Corman Railroad Group, LLC 
(Group) (collectively applicants), have filed a verified notice of 
exemption to continue in control of R.J. Corman Railroad Company/
Tennessee Terminal, LLC (RJCK), upon RJCK's becoming a Class III rail 
carrier.\1\
---------------------------------------------------------------------------

    \1\ Group, a noncarrier holding company, is owned by Corman and 
directly controls JCK.
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on January 15, 
2006.
    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 34772, R.J. Corman 
Railroad Company/Tennessee Terminal, LLC--Lease and Operation 
Exemption--BNSF Railway Company. In that proceeding, RJCK seeks to 
acquire by lease from BNSF Railway Company (BNSF) and operate 
approximately 46.7 miles of rail lines in Shelby County, TN, and DeSoto 
County, MS.
    Group controls seven Class III rail carriers: R.J. Corman Railroad 
Company/Pennsylvania Lines Inc. (Pennsylvania Lines), R.J. Corman 
Railroad Company/Memphis Line (Memphis Line), R.J. Corman Railroad 
Company/Western Ohio Line (Western Ohio Line), R.J. Corman Railroad 
Company/Cleveland Line (Cleveland Line), R.J. Corman Railroad Company/
Bardstown Line (Bardstown Line), R.J. Corman Railroad Company/Allentown 
Lines, Inc. (Allentown Lines), and R.J. Corman Railroad Company/Central 
Kentucky Lines, LLC (Central Kentucky Lines). Corman also owns R.J. 
Corman Railroad Property, LLC (RJRP), a Class III non-operating rail 
carrier, and owns a controlling interest in the Clearfield & Mahoning 
Railway Company (CMRC), also a Class III rail carrier.
    Applicants state that: (1) The rail lines operated by Pennsylvania 
Lines, Memphis Line, Western Ohio Line, Cleveland Line, Bardstown Line, 
Allentown Lines, Central Kentucky Lines, RJRP, and CMRC do not connect 
with the rail line being leased by RJCK; (2) the continuance in control 
is not part of a series of anticipated transactions that would connect 
the rail line being leased by RJCK with any railroad in the Corman 
corporate family; and (3) the transaction does not involve a Class I 
rail 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 the transaction is to allow Corman and Group to continue in 
control of RJCK after RJCK becomes a Class III rail carrier.
    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. 34775, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Ronald A. Lane, Fletcher & 
Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: January 30, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-1489 Filed 2-2-06; 8:45 am]
BILLING CODE 4915-01-P