Lackawaxen-Honesdale Shippers Association, Inc.-Acquisition of Control Exemption-Stourbridge Railroad Company, Inc., 42893 [E6-11954]

Download as PDF Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices and will amend and supplement certain other terms and conditions of the lease arrangement between DMVW and CPR. DMVW will continue to retain the following trackage rights that it acquired by assignment from CPR in 1990: (1) CPR’s trackage rights over the line of railroad owned jointly by CPR and the BNSF Railway Company (BNSF) between approximately milepost 549.64 at Rival and milepost 582.3 at Crosby, which allows DMVW to operate between the Flaxton-Rival and CrosbyWhitetail segments that it leases from CPR; (2) CPR’s trackage rights over the short branch line owned jointly by CPR and BNSF that connects the FlaxtonWhitetail main line with the short CPR track at Columbus, ND; and (3) CPR’s trackage rights over the line of railroad owned by BNSF between McKenzie, ND and Bismarck, which enables DMVW to connect its operations on the BismarckMax segment with its operations on the Moffit-Hankinson segment via the line of railroad owned by DMVW between McKenzie and Moffit. DMVW certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. DMVW indicates that the parties intend to consummate the transaction on or soon after the date this exemption becomes effective in recognition of the fact that the date of effectiveness depends on whether a related petition for waiver is granted.1 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. 34904, 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 Edward J. Fishman, 1601 K Street, NW., Washington, DC 20006–1600. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. rwilkins on PROD1PC63 with NOTICES By the Board, David M. Konschnik, Director, Office of Proceedings. 1 In a decision in this proceeding served on July 24, 2006, the Board granted a request by DMVW for waiver of the 60-day advance labor notice requirement of 49 CFR 1150.42(e). The exemption became effective on the service date of that decision. VerDate Aug<31>2005 17:47 Jul 27, 2006 Jkt 208001 Decided: July 24, 2006. Vernon A. Williams, Secretary. [FR Doc. E6–12098 Filed 7–27–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34900] Lackawaxen-Honesdale Shippers Association, Inc.—Acquisition of Control Exemption—Stourbridge Railroad Company, Inc. Lackawaxen-Honesdale Shippers Association, Inc. (LHSA), has filed a verified notice of exemption to acquire control of Stourbridge Railroad Company, Inc. (Stourbridge), from Mr. Richard D. Robey. Stourbridge is a Class III railroad, providing rail service on the Honesdale Branch, which extends from Lackawaxen, PA, to Honesdale, PA.1 The transaction was scheduled to be consummated on or after July 7, 2006, the effective date of the exemption (7 days after the exemption was filed). As a result of this transaction, LHSA will own and control the stock of Stourbridge, which will continue to operate the Honesdale Branch.2 LHSA states that it owns no other rail lines or railroads, and therefore, Stourbridge does not connect with any other railroad owned or operated by LHSA. LHSA also states that the acquisition of control of Stourbridge is not part of a series of anticipated transactions that would connect that railroad with any other railroad owned by LHSA. In addition, the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323–25. 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 1 Stourbridge obtained operating authority for this rail line in Stourbridge Railroad Company, Inc.— Operation Exemption—in Wayne and Pike Counties, PA, Finance Docket No. 31508 (ICC served Jan. 25, 1990). 2 LHSA obtained authority to acquire, and the common carrier obligation to serve, the Honesdale Branch from the Pennsylvania Department of Transportation in Lackawaxen-Honesdale Shippers Association, Inc.—Acquisition Exemption— Pennsylvania Department of Transportation, STB Finance Docket No. 34891 (STB served July 13, 2006). PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 42893 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. 34900, 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. Decided: July 19, 2006. By the Board. David M. Konschnik, Director, Office of Proceedings. [FR Doc. E6–11954 Filed 7–27–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request July 24, 2006. The Department of the 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 August 28, 2006 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545–0193. Type of Review: Extension. Title: Tax on Lump Sum Distributions (From Qualified Plans of Participants Born Before January 2, 1936). Form: 4972. Description: IRC Section 402(e) allows taxpayers to compute a separate tax on a lump sum distribution from a qualified retirement plan. Form 4972 is used to correctly figure that tax. The E:\FR\FM\28JYN1.SGM 28JYN1

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[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Page 42893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11954]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34900]


Lackawaxen-Honesdale Shippers Association, Inc.--Acquisition of 
Control Exemption--Stourbridge Railroad Company, Inc.

    Lackawaxen-Honesdale Shippers Association, Inc. (LHSA), has filed a 
verified notice of exemption to acquire control of Stourbridge Railroad 
Company, Inc. (Stourbridge), from Mr. Richard D. Robey. Stourbridge is 
a Class III railroad, providing rail service on the Honesdale Branch, 
which extends from Lackawaxen, PA, to Honesdale, PA.\1\
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    \1\ Stourbridge obtained operating authority for this rail line 
in Stourbridge Railroad Company, Inc.--Operation Exemption--in Wayne 
and Pike Counties, PA, Finance Docket No. 31508 (ICC served Jan. 25, 
1990).
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    The transaction was scheduled to be consummated on or after July 7, 
2006, the effective date of the exemption (7 days after the exemption 
was filed).
    As a result of this transaction, LHSA will own and control the 
stock of Stourbridge, which will continue to operate the Honesdale 
Branch.\2\ LHSA states that it owns no other rail lines or railroads, 
and therefore, Stourbridge does not connect with any other railroad 
owned or operated by LHSA. LHSA also states that the acquisition of 
control of Stourbridge is not part of a series of anticipated 
transactions that would connect that railroad with any other railroad 
owned by LHSA. In addition, the transaction does not involve a Class I 
carrier. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323-25. See 49 CFR 1180.2(d)(2).
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    \2\ LHSA obtained authority to acquire, and the common carrier 
obligation to serve, the Honesdale Branch from the Pennsylvania 
Department of Transportation in Lackawaxen-Honesdale Shippers 
Association, Inc.--Acquisition Exemption--Pennsylvania Department of 
Transportation, STB Finance Docket No. 34891 (STB served July 13, 
2006).
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    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. 34900, 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.

    Decided: July 19, 2006.

    By the Board.
David M. Konschnik,
Director, Office of Proceedings.
[FR Doc. E6-11954 Filed 7-27-06; 8:45 am]
BILLING CODE 4915-01-P