United States Steel Corporation-Acquisition of Control Exemption-Texas & Northern Railway Company, 29362 [E7-10114]

Download as PDF 29362 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http:// dms.dot.gov. FRA wishes to inform all potential commenters that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477– 78) or you may visit http://dms.dot.gov. Issued in Washington, DC on May 21, 2007. Grady C. Cothen, Jr. Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7–10152 Filed 5–24–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35027] United States Steel Corporation— Acquisition of Control Exemption— Texas & Northern Railway Company jlentini on PROD1PC65 with NOTICES United States Steel Corporation (USS), a noncarrier,1 has filed a verified notice of exemption to acquire from Lone Star Technologies, Inc. (LST), control of Texas & Northern Railway Company (T&NR), a Class III rail carrier, operating in Texas. According to USS, USS and LST have entered into an agreement and plan of merger, submitted to the Board, for USS to control certain subsidiaries of LST, including Lone Star Steel Company, LP (LSS).2 USS states that by this agreement with LST, USS will indirectly control T&NR and through Transtar, continue to control six common carriers. The transaction will be consummated on or about June 14, 2007. 1 USS controls Transtar Inc. (Transtar), a noncarrier holding company, which owns one Class II carrier, the Elgin, Joliet, and Eastern Railway Company, and the following five Class III carriers: Birmingham Southern Railroad Company; Delray Connecting Railroad Company; The Lake Terminal Railroad Company; McKeesport Connecting Railroad Company; and Union Railroad Company. 2 T&NR is a wholly owned subsidiary of LSS that provides rail services for LSS and others. VerDate Aug<31>2005 17:34 May 24, 2007 Jkt 211001 The parties represent and warrant that: (1) T&NR does not connect with any of the Transtar railroads; (2) the acquisition and continuance in control is not part of a series of anticipated transactions that would connect the T&NR with any of the railroads in the Transtar 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. Because the transaction involves the control of one Class II and one or more Class III carriers, 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35027, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of all pleadings must be served on Brian M. McShea, United States Steel Corporation, 600 Grant Street, Room 1500, Pittsburgh, PA 15219–2800; John A. Vuono, Vuono & Gray, LLC, 2310 Grant Building, Pittsburgh, PA 15219; and Robert F. Spears, Texas & Northern Railway Company, Lone Star Technologies, Inc., 15660 N. Dallas Parkway, Suite 500, Dallas, TX 75248. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: May 18, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–10114 Filed 5–24–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–55 (Sub-No. 678X)] CSX Transportation, Inc.— Abandonment Exemption-in Clay County, IL CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 CFR 1152 Subpart F—Exempt Abandonments to abandon a 0.86-mile line of railroad on its Northern Region, Louisville Division, Illinois Subdivision, from milepost BXO 74.14 to milepost BXO 75.0, known as the Flora North Branch, City of Flora, in Clay County, IL. The line traverses United States Postal Service Zip Code 62839. CSXT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic handled on the line can be rerouted over other lines; (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 reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on June 27, 2007, unless stayed pending reconsideration.1 Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a verified notice with the Board at least 50 days before the abandonment or discontinuance is to be consummated. CSXT initially indicated in its notice of exemption a proposed consummation date of June 25, 2007, but because the verified notice was filed on May 8, 2007, consummation may not take place prior to June 27, 2007. By filing made on May 11, 2007, CSXT has revised its notice to show that consummation may not take place until June 27, 2007. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Page 29362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10114]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35027]


United States Steel Corporation--Acquisition of Control 
Exemption--Texas & Northern Railway Company

    United States Steel Corporation (USS), a noncarrier,\1\ has filed a 
verified notice of exemption to acquire from Lone Star Technologies, 
Inc. (LST), control of Texas & Northern Railway Company (T&NR), a Class 
III rail carrier, operating in Texas. According to USS, USS and LST 
have entered into an agreement and plan of merger, submitted to the 
Board, for USS to control certain subsidiaries of LST, including Lone 
Star Steel Company, LP (LSS).\2\ USS states that by this agreement with 
LST, USS will indirectly control T&NR and through Transtar, continue to 
control six common carriers.
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    \1\ USS controls Transtar Inc. (Transtar), a noncarrier holding 
company, which owns one Class II carrier, the Elgin, Joliet, and 
Eastern Railway Company, and the following five Class III carriers: 
Birmingham Southern Railroad Company; Delray Connecting Railroad 
Company; The Lake Terminal Railroad Company; McKeesport Connecting 
Railroad Company; and Union Railroad Company.
    \2\ T&NR is a wholly owned subsidiary of LSS that provides rail 
services for LSS and others.
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    The transaction will be consummated on or about June 14, 2007.
    The parties represent and warrant that: (1) T&NR does not connect 
with any of the Transtar railroads; (2) the acquisition and continuance 
in control is not part of a series of anticipated transactions that 
would connect the T&NR with any of the railroads in the Transtar 
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. Because the transaction 
involves the control of one Class II and one or more Class III 
carriers, 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35027, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of all pleadings must be served on Brian M. McShea, United States 
Steel Corporation, 600 Grant Street, Room 1500, Pittsburgh, PA 15219-
2800; John A. Vuono, Vuono & Gray, LLC, 2310 Grant Building, 
Pittsburgh, PA 15219; and Robert F. Spears, Texas & Northern Railway 
Company, Lone Star Technologies, Inc., 15660 N. Dallas Parkway, Suite 
500, Dallas, TX 75248.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 18, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary. 3
 [FR Doc. E7-10114 Filed 5-24-07; 8:45 am]
BILLING CODE 4915-01-P