Indiana Boxcar Corporation-Continuance in Control Exemption-Youngstown & Southeastern Railway Company, 76722-76723 [E6-21760]

Download as PDF 76722 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices and Saulitie, 1997). Although killer whales feed at the top of the food chain, and most of the species in the NEG project area feed on plankton, near the bottom of the food chain, there is the potential for adverse impacts on whales at the project site from oil spills. Impacts are still considered to be minor; however, due to the low probability of a spill.’’ Page 4–58, third full paragraph Delete: Despite direct contact of these marine mammals with the oil spills, no apparent adverse effects were recorded.’’ Replace with: ‘‘Despite direct contact of these marine mammals with the oil spills, no apparent adverse effects were recorded at the time of the fly-over, nor was there evidence of behavior modification as a result of the spill. Follow-up flights or studies were not conducted, however, to determine if there were any longer-term effects.’’ Page 4–77 Construction Schedule Alternatives Delete: ‘‘Allowing construction from May through November would be most protective of the critically endangered North Atlantic right whale and fin and humpback whales, but would be less protective of sei whales, blue whales, sea turtles and some fish species.’’ Replace with: ‘‘Allowing construction from May through November would be most protective of the North Atlantic right whale, but would be less protective of fin whales, humpback whales, sea turtles and some fish species.’’ By order of the Maritime Administrator. Dated: December 18, 2006. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–21885 Filed 12–20–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Page 4–63, first paragraph, 4th sentence Surface Transportation Board Insert: (NEG, 2005) at the end of the sentence. [STB Finance Docket No. 34961] Pages 4–65 and 4–76 Fuel Spill Delete: ‘‘Cetaceans that might come into contact with a small fuel spill at the Project site would not be likely to show adverse effects, as past observations have shown no apparent adverse effects or behavioral changes caused by contact with fuel spills.’’ Replace with: ‘‘Limited study (see FEIS, p. 4–58, third full paragraph), indicates that cetaceans that may come into contact with a small fuel spill at the Project site would not be likely to show adverse effects.’’ sroberts on PROD1PC70 with NOTICES Page 4–65 and 4–76 Bioaccumulation 2nd paragraph Delete: ‘‘The only possible route of uptake of contaminants by marine mammals is through food consumption, as contaminants are not absorbed through the skin of marine mammals, and they do not drink large quantities of seawater.’’ Replace with: ‘‘The most likely route of uptake of contaminants by marine mammals is through food consumption, as contaminants are not absorbed through the skin of marine mammals. While whales do not intentionally drink large quantities of seawater, a large quantity of water is processed in filterfeeding and could present another potential route for contaminate absorption.’’ VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 Indiana Boxcar Corporation— Continuance in Control Exemption— Youngstown & Southeastern Railway Company Indiana Boxcar Corporation (applicant) has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Youngstown & Southeastern Railway Company (Y&S), upon Y&S’s becoming a Class III rail carrier. The transaction was scheduled to be consummated on November 29, 2006. This transaction is related to the concurrently filed verified notices of exemption: STB Finance Docket No. 34934, Eastern States Railroad, LLC— Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port Authority, wherein Eastern States Railroad, LLC (ESR) seeks to acquire the lease and operating rights of approximately 35.7 miles of rail line owned by the Columbiana County Port Authority (CCPA), and to receive permanent assignment of CCPA’s and the Central Columbiana & Pennsylvania Railroad’s operating rights to approximately 3 miles of track running east of milepost 0.0 in Youngstown, OH; and STB Finance Docket No. 34962, Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC, wherein Y&S seeks to sublease and/or operate the 38.7 miles PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 of line being acquired by ESR in STB Finance Docket No. 34934. Applicant is a noncarrier that currently controls three Class III rail carriers: Vermilion Valley Railroad Company, Inc. (VVR), the Chesapeake & Indiana Railroad Company, Inc. (CIR), and Tishomingo Railroad Company, Incorporated (TRR). Applicant states that: (1) The rail lines operated by VVR, CIR, and TRR do not connect with the rail line being acquired by lease and operated by Y&S; (2) the continuance in control is not part of a series of anticipated transactions that would connect the rail line being acquired by lease and operated by Y&S with applicant’s rail lines or with those of any other railroad within applicant’s 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).1 The purpose of the transaction is to continue rail service on a light-density line being acquired by ESR through purchase, lease, and operating rights agreement. 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. 34961, 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 John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. 1 Pursuant to 49 CFR 1180.6(a)(7)(ii), applicant is required to submit ‘‘a copy of any contract or other written instrument entered into, or proposed to be entered into, pertaining to the proposed transaction.’’ Applicant states in its notice that a copy of an agreement is not yet available, but that it will submit a copy of the executed agreement as soon as it is available. E:\FR\FM\21DEN1.SGM 21DEN1 Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices sroberts on PROD1PC70 with NOTICES Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–21760 Filed 12–20–06; 8:45 am] trustee of CCPR for interim assignment of operating rights on all the lines described herein, pending the closing of its acquisition of the lease and operating rights, so that ESR may commence operations. BILLING CODE 4915–01–P ESR certifies that its projected annual revenues as a result of the transaction will not exceed $5 million. The DEPARTMENT OF TRANSPORTATION transaction was scheduled to be consummated on November 29, 2006, Surface Transportation Board the effective date of the exemption (7 [STB Finance Docket No. 34934] days after the exemption was filed). This transaction is related to two Eastern States Railroad, LLC— Acquisition Exemption—Central concurrently filed verified notices of Columbiana & Pennsylvania Railway, exemption: STB Finance Docket No. Inc. and Columbiana County Port 34962, Youngstown & Southeastern Authority Railway Company—Lease and Operation Exemption—Lines of Eastern Eastern States Railroad, LLC (ESR), a States Railroad, LLC, wherein noncarrier, has filed a verified notice of Youngstown & Southeastern Railway exemption under 49 CFR 1150.31 to acquire the lease and operating rights to Company (Y&S) seeks to sublease and/ or operate the 38.7 miles of line being approximately 35.7 miles of rail line acquired by ESR in this docket; and STB owned by the Columbiana County Port Finance Docket No. 34961, Indiana Authority (CCPA). The line extends Boxcar Corporation—Continuance in between milepost 0.0 in Youngstown, Control Exemption—Youngstown & OH, and milepost 35.7 in Darlington, PA. Currently, the Ohio & Pennsylvania Southeastern Railway Company, Railroad Company (O&P) operates over wherein Indiana Boxcar Corporation this line pursuant to an interim seeks an exemption for continuance in operating agreement with the trustee of control once Y&S is granted common the line’s former operator, the Central carrier authority. Columbiana & Pennsylvania Railway, If the verified notice contains false or Inc. (CCPR), which filed for bankruptcy misleading information, the exemption in the U.S. Bankruptcy Court for the is void ab initio. Petitions to revoke the Eastern District of Arkansas.1 O&P exemption under 49 U.S.C. 10502(d) received interim operating authority may be filed at any time. The filing of from the Board in The Ohio and a petition to revoke will not Pennsylvania Railroad—Acquisition and Operation Exemption—Rail Lines of automatically stay the transaction. Columbiana County Port Authority in An original and 10 copies of all Mahoning and Columbiana Counties, pleadings, referring to STB Finance OH, and Beaver County, PA, STB Docket No. 34934, must be filed with Finance Docket No. 34632 (STB served the Surface Transportation Board, 1925 Dec. 21, 2004). According to ESR, O&P’s K Street, NW., Washington, DC 20423– interim operating agreement will 0001. In addition, a copy of each terminate, pursuant to an order of the pleading must be served on Myles L. bankruptcy court, upon the effective Tobin, Fletcher & Sippel, LLC, 29 North date of this notice. According to ESR, Wacker Drive, Suite 920, Chicago, IL the bankruptcy court has authorized 60606–2832. CCPR, through CCPR’s trustee, to assign Board decisions and notices are its lease and operating rights to ESR. available on our Web site at http:// ESR also seeks to receive permanent www.stb.dot.gov. assignment of CCPA’s and CCPR’s operating rights to approximately 3 Decided: December 14, 2006. miles of track running east of milepost By the Board, David M. Konschnik, 0.0. ESR claims that this acquisition Director, Office of Proceedings. will, in combination with other rights Vernon A. Williams, that ESR has obtained, facilitate Secretary. interchange with Norfolk Southern [FR Doc. E6–21762 Filed 12–20–06; 8:45 am] Railway Company and CSX Transportation, Inc. BILLING CODE 4915–01–P According to ESR, it has entered into an interim operating agreement with the 1 U.S. Bankruptcy Court for the Eastern District of Arkansas, Case No. 04–BK–16887T. VerDate Aug<31>2005 17:01 Dec 20, 2006 Jkt 211001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 76723 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34962] Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC Youngstown & Southeastern Railway Company (Y&S), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to sublease from Eastern States Railroad, LLC (ESR) and operate the portion of the 35.7-mile line between milepost 35.7 in Darlington, PA, and milepost 0.0 in Youngstown, OH. In addition, Y&S will operate, as ESR’s agent and in ESR’s name, 3 miles of rail line running east of Youngstown, which is the subject of permanent assignment to ESR of Central Columbiana & Pennsylvania Railway, Inc.’s (CCPR) and Columbiana County Port Authority’s (CCPA) operating rights that will facilitate the interchange of traffic with Norfolk Southern Railway Company and CSX Transportation, Inc. This transaction is related to two concurrently filed verified notices of exemption: STB Finance Docket No. 34934, Eastern States Railroad, LLC— Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc., and Columbiana County Port Authority, wherein ESR seeks to acquire the lease and operating rights of approximately 35.7 miles of rail line owned by CCPA, and to receive permanent assignment of CCPR’s and CCPA’s operating rights to approximately 3 miles of track east of milepost 0.0; and STB Finance Docket No. 34961, Indiana Boxcar Corporation—Continuance in Control Exemption—Youngstown & Southeastern Railway Company, wherein Indiana Boxcar Corporation seeks to continue in control of Y&S upon Y&S’s becoming a Class III carrier. Y&S certifies that its projected annual revenue as a result of this transaction will not exceed $5 million. The transaction was scheduled to be consummated on or after November 29, 2006, the effective date of the exemption (7 days after the exemption was filed). If the 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 does not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34962, must be filed with the Surface Transportation Board, 1925 E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76722-76723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21760]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34961]


Indiana Boxcar Corporation--Continuance in Control Exemption--
Youngstown & Southeastern Railway Company

    Indiana Boxcar Corporation (applicant) has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Youngstown & Southeastern Railway Company (Y&S), upon Y&S's becoming a 
Class III rail carrier.
    The transaction was scheduled to be consummated on November 29, 
2006.
    This transaction is related to the concurrently filed verified 
notices of exemption:
    STB Finance Docket No. 34934, Eastern States Railroad, LLC--
Acquisition Exemption--Central Columbiana & Pennsylvania Railway, Inc. 
and Columbiana County Port Authority, wherein Eastern States Railroad, 
LLC (ESR) seeks to acquire the lease and operating rights of 
approximately 35.7 miles of rail line owned by the Columbiana County 
Port Authority (CCPA), and to receive permanent assignment of CCPA's 
and the Central Columbiana & Pennsylvania Railroad's operating rights 
to approximately 3 miles of track running east of milepost 0.0 in 
Youngstown, OH; and STB Finance Docket No. 34962, Youngstown & 
Southeastern Railway Company--Lease and Operation Exemption--Lines of 
Eastern States Railroad, LLC, wherein Y&S seeks to sublease and/or 
operate the 38.7 miles of line being acquired by ESR in STB Finance 
Docket No. 34934.
    Applicant is a noncarrier that currently controls three Class III 
rail carriers: Vermilion Valley Railroad Company, Inc. (VVR), the 
Chesapeake & Indiana Railroad Company, Inc. (CIR), and Tishomingo 
Railroad Company, Incorporated (TRR).
    Applicant states that: (1) The rail lines operated by VVR, CIR, and 
TRR do not connect with the rail line being acquired by lease and 
operated by Y&S; (2) the continuance in control is not part of a series 
of anticipated transactions that would connect the rail line being 
acquired by lease and operated by Y&S with applicant's rail lines or 
with those of any other railroad within applicant's 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).\1\ The 
purpose of the transaction is to continue rail service on a light-
density line being acquired by ESR through purchase, lease, and 
operating rights agreement.
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    \1\ Pursuant to 49 CFR 1180.6(a)(7)(ii), applicant is required 
to submit ``a copy of any contract or other written instrument 
entered into, or proposed to be entered into, pertaining to the 
proposed transaction.'' Applicant states in its notice that a copy 
of an agreement is not yet available, but that it will submit a copy 
of the executed agreement as soon as it is available.
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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 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. 34961, 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 John D. Heffner, John D. 
Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.


[[Page 76723]]


    Decided: December 14, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-21760 Filed 12-20-06; 8:45 am]
BILLING CODE 4915-01-P