Gordon Reger-Continuance in Control Exemption-New Amsterdam & Seneca Railroad Company, LLC, 9422 [E6-2551]

Download as PDF 9422 Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices by the DHS, or (b) these requirements, as enforced and applied, are likely to cause diversions or delays in the transportation of hazardous materials. V. Petition for Reconsideration/Judicial Review In accordance with 49 CFR 107.211(a), any person aggrieved by this decision may file a petition for reconsideration within 20 days of publication of this decision in the Federal Register. A petition for judicial review of a final preemption determination must be filed in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the petitioner resides or has its principal place of business, within 60 days after the determination becomes final. 49 U.S.C. 5127(a). This decision will become PHMSA’s final decision 20 days after publication in the Federal Register if no petition for reconsideration is filed within that time. The filing of a petition for reconsideration is not a prerequisite to seeking judicial review of this decision under 49 U.S.C. 5127(a). If a petition for reconsideration is filed within 20 days of publication in the Federal Register, the action by PHMSA’s Associate Administrator for Hazardous Materials Safety on the petition for reconsideration will be PHMSA’s final action. 49 CFR 107.211(d). Issued in Washington, DC, on February 15, 2006. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety. [FR Doc. E6–2503 Filed 2–22–06; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34825] rwilkins on PROD1PC63 with NOTICES Gordon Reger—Continuance in Control Exemption—New Amsterdam & Seneca Railroad Company, LLC Gordon Reger (Reger) has filed a verified notice of exemption to continue in control of New Amsterdam & Seneca Railroad Company, LLC (NASR), upon NASR’s becoming a Class III rail carrier. The transaction was scheduled to be consummated after January 31, 2006, the effective date of this exemption (7 days after the exemption was filed). This transaction is related to a verified notice of exemption wherein NASR seeks to acquire by lease from Sunny Farms Landfill, LLC (Sunny VerDate Aug<31>2005 16:15 Feb 22, 2006 Jkt 205001 Farms), and operate approximately 1.25 miles of rail line in Fostoria, OH. See New Amsterdam & Seneca Railroad Company, LLC—Lease and Operation Exemption—Line in Fostoria, OH, STB Finance Docket No. 34811. Notice of the exemption was served and published in the Federal Register on January 20, 2006 (71 FR 3349–50).1 Reger, a noncarrier individual, directly controls Mid Atlantic New England Rail, LLC (Mid Atlantic), a noncarrier. Mid Atlantic, through ownership of GJ Railco Acquisition, LLC, also a noncarrier, controls New York Cross Harbor Railroad Terminal Corp (NYCH), a Class III rail carrier. Thus, Reger indirectly controls NYCH. Reger also owns New York New Jersey Rail LLC (NYNJ), a newly formed limited liability company. NYNJ and NYCH have filed a verified notice of exemption for a corporate family transaction wherein NYCH seeks to transfer to NYNJ all or substantially all of its railroad assets and intangible assets required for railroad operation. NYNJ would then assume all of NYCH’s rights and obligations to provide service as a common carrier. See New York New Jersey Rail LLC and New York Cross Harbor Railroad Terminal Corp.— Corporate Family Transaction Exemption, STB Finance Docket No. 34813 (STB served Jan. 10, 2006) (proceeding being held in abeyance until further notice to allow Conrail to discuss its concerns with NYCH regarding the effect of the proposed transaction on NYCH’s contractual obligations to Conrail). Applicant states that: (1) The lines being leased and operated by NASR do not connect with the rail lines in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the leased lines with any other rail lines in NASR’s 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, 1 NASR and Sunny Farms are both wholly owned subsidiaries of Regus Industries, LLC, which is in turn controlled by Gordon Reger. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. 34825, 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 James E. Howard, One Thompson Square, Suite 201, Charlestown, MA 02129. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: February 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–2551 Filed 2–22–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–303 (Sub-No. 28X)] Wisconsin Central Ltd.—Abandonment Exemption—in Ashland County, WI Wisconsin Central Ltd. (WCL)1 has filed a notice of exemption under 49 CFR part 1152 Subpart F—Exempt Abandonments to abandon its line of railroad in Ashland, Ashland County, WI, referred to herein as the ‘‘Ore Dock Line’’, starting from a point of switch off WCL’s mainline through Ashland at milepost 434.49 and continuing 5,160 feet to the end of WCL’s Ashland Ore Dock. The line traverses United States Postal Service Zip Code 54806. WCL has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line that would have to rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1 WCL is a wholly owned subsidiary of Canadian National Railway Company. E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Page 9422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2551]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34825]


Gordon Reger--Continuance in Control Exemption--New Amsterdam & 
Seneca Railroad Company, LLC

    Gordon Reger (Reger) has filed a verified notice of exemption to 
continue in control of New Amsterdam & Seneca Railroad Company, LLC 
(NASR), upon NASR's becoming a Class III rail carrier.
    The transaction was scheduled to be consummated after January 31, 
2006, the effective date of this exemption (7 days after the exemption 
was filed).
    This transaction is related to a verified notice of exemption 
wherein NASR seeks to acquire by lease from Sunny Farms Landfill, LLC 
(Sunny Farms), and operate approximately 1.25 miles of rail line in 
Fostoria, OH. See New Amsterdam & Seneca Railroad Company, LLC--Lease 
and Operation Exemption--Line in Fostoria, OH, STB Finance Docket No. 
34811. Notice of the exemption was served and published in the Federal 
Register on January 20, 2006 (71 FR 3349-50).\1\
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    \1\ NASR and Sunny Farms are both wholly owned subsidiaries of 
Regus Industries, LLC, which is in turn controlled by Gordon Reger.
---------------------------------------------------------------------------

    Reger, a noncarrier individual, directly controls Mid Atlantic New 
England Rail, LLC (Mid Atlantic), a noncarrier. Mid Atlantic, through 
ownership of GJ Railco Acquisition, LLC, also a noncarrier, controls 
New York Cross Harbor Railroad Terminal Corp (NYCH), a Class III rail 
carrier. Thus, Reger indirectly controls NYCH.
    Reger also owns New York New Jersey Rail LLC (NYNJ), a newly formed 
limited liability company. NYNJ and NYCH have filed a verified notice 
of exemption for a corporate family transaction wherein NYCH seeks to 
transfer to NYNJ all or substantially all of its railroad assets and 
intangible assets required for railroad operation. NYNJ would then 
assume all of NYCH's rights and obligations to provide service as a 
common carrier. See New York New Jersey Rail LLC and New York Cross 
Harbor Railroad Terminal Corp.--Corporate Family Transaction Exemption, 
STB Finance Docket No. 34813 (STB served Jan. 10, 2006) (proceeding 
being held in abeyance until further notice to allow Conrail to discuss 
its concerns with NYCH regarding the effect of the proposed transaction 
on NYCH's contractual obligations to Conrail).
    Applicant states that: (1) The lines being leased and operated by 
NASR do not connect with the rail lines in its corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the leased lines with any other rail 
lines in NASR's 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 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. 34825, 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 James E. Howard, One Thompson 
Square, Suite 201, Charlestown, MA 02129.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-2551 Filed 2-22-06; 8:45 am]
BILLING CODE 4915-01-P
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