G. David Crane-Continuance in Control Exemption-Ashland Railroad, Inc., 7115 [E7-2322]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Page 7115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2322]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34987]


G. David Crane--Continuance in Control Exemption--Ashland 
Railroad, Inc.

    G. David Crane (applicant) has filed a verified notice of exemption 
to continue in control of Ashland Railroad, Inc. (ASRR), upon ASRR's 
becoming a Class III rail carrier.
    The earliest this transaction may be consummated is the March 1, 
2007 effective date of the exemption (30 days after the exemption was 
filed).
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 34986, Ashland Railroad, Inc.--
Lease and Operation Exemption--Rail Line in Monmouth County, NJ. In 
that proceeding, ASRR seeks to lease and operate approximately 1.5 
miles of rail line owned by Grems-Kirk Railway, LLC, a noncarrier, in 
the Township of Freehold, in Monmouth County, NJ. ASRR will provide 
common carrier rail operations over the line and interchange with 
Consolidated Rail Corporation at Freehold on behalf of CSX 
Transportation, Inc. and Norfolk Southern Railway Company.
    Applicant is a noncarrier and currently is the controlling 
stockholder in Ashland Railway, Inc. (ASRY), a Class II rail carrier.
    Applicant states that: (1) The rail lines being operated by ASRY do 
not connect with the rail line to be leased and operated by ASRR; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the rail line to be leased and operated 
by ASRR with any railroad in applicant's corporate family; and (3) the 
transaction does not involve a Class I railroad. 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 
allow applicant to continue in control of ASRY and to control ASRR 
after it 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. Because the transaction 
involves the control of one Class II and a Class III rail carrier, the 
exemption is subject to the labor protection requirements of 49 U.S.C. 
11326(b).
    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 will not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than February 22, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34987, 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 K. Fiorilla, Capehart & 
Scatchard, P.A., 8000 Midlantic Drive, Suite 300S, Mt. Laurel, NJ 
08054.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 6, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-2322 Filed 2-13-07; 8:45 am]
BILLING CODE 4915-01-P