Progressive Rail Inc.-Continuance in Control Exemption-Montgomery Short Line LLC, 63657 [E7-21958]

Download as PDF Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices 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://docketsinfo.dot.gov/. Issued on: October 26, 2007. Anthony M. Cooke, Chief Counsel. [FR Doc. E7–21431 Filed 11–8–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35092] mstockstill on PROD1PC66 with NOTICES Progressive Rail Inc.—Continuance in Control Exemption—Montgomery Short Line LLC Progressive Rail Inc. (PRI) has filed a verified notice of exemption to continue in control of Montgomery Short Line LLC (MSL), upon MSL’s becoming a Class III rail carrier.1 This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35093, Montgomery Short Line LLC— Lease and Operation Exemption—Union Pacific Railroad Company. In that proceeding, MSL seeks to lease and operate approximately 23.5 miles of rail line owned by the Union Pacific Railroad Company from Merriam to the end of the track near Montgomery, in Scott and Le Sueur Counties, MN. PRI intends to consummate the transaction on or after November 24, 2007, the effective date of the exemption (30 days after the exemption was filed). PRI is a common carrier by rail that owns and operates lines in the States of Minnesota and Wisconsin. PRI also currently controls Central Midland Railway Company, a Class III rail carrier, that owns and operates rail property interests in Missouri. PRI represents that: (1) The rail lines to be leased by MSL do not connect with it or any other railroad in their corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or any other railroad in their 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 MSL is a wholly owned subsidiary of PRI. VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 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 the carriers involved are Class III rail carriers. 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 November 16, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35092, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Michael J. Barron, Jr., Fletcher & Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 1, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–21958 Filed 11–8–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35093] Montgomery Short Line LLC—Lease and Operation Exemption—Union Pacific Railroad Company Montgomery Short Line LLC (MSL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease, pursuant to an agreement to be executed prior to consummation with Union Pacific Railroad Company (UP), and to operate approximately 23.5 miles of rail line known as the Montgomery, Minnesota Subdivision from milepost 38.7 near Merriam, to milepost 62.2 at the end of the track near Montgomery, in Scott and Le Sueur Counties, MN. As a result of this transaction: (1) MSL will become the exclusive operator of PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 63657 rail freight service over the line; (2) UP and MSL will interchange traffic at Merriam; and (3) UP will retain the right to operate passenger trains over the line. This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35092, Progressive Rail Inc.—Continuance in Control Exemption—Montgomery Short Line LLC, wherein Progressive Rail Inc. seeks to continue in control of MSL upon its becoming a rail carrier. MSL certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. The transaction is expected to be consummated on or after November 24, 2007, the effective date of the exemption (30 days after the exemption was filed). 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 effectiveness of the exemption. Petitions for stay must be filed no later than November 16, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35093, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Michael J. Barron, Jr., Fletcher & Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at http:www.stb.gov. Decided: November 1, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–21956 Filed 11–8–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Fiscal Service Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the National Book-Entry System Bureau of the Public Debt, Fiscal Service, Department of the Treasury. ACTION: Notice. AGENCY: SUMMARY: The Department of the Treasury is announcing a new fee E:\FR\FM\09NON1.SGM 09NON1

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[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Page 63657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21958]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35092]


Progressive Rail Inc.--Continuance in Control Exemption--
Montgomery Short Line LLC

    Progressive Rail Inc. (PRI) has filed a verified notice of 
exemption to continue in control of Montgomery Short Line LLC (MSL), 
upon MSL's becoming a Class III rail carrier.\1\
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    \1\ MSL is a wholly owned subsidiary of PRI.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35093, Montgomery Short Line 
LLC--Lease and Operation Exemption--Union Pacific Railroad Company. In 
that proceeding, MSL seeks to lease and operate approximately 23.5 
miles of rail line owned by the Union Pacific Railroad Company from 
Merriam to the end of the track near Montgomery, in Scott and Le Sueur 
Counties, MN.
    PRI intends to consummate the transaction on or after November 24, 
2007, the effective date of the exemption (30 days after the exemption 
was filed).
    PRI is a common carrier by rail that owns and operates lines in the 
States of Minnesota and Wisconsin. PRI also currently controls Central 
Midland Railway Company, a Class III rail carrier, that owns and 
operates rail property interests in Missouri.
    PRI represents that: (1) The rail lines to be leased by MSL do not 
connect with it or any other railroad in their corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
other railroad in their 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).
    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 the 
carriers involved are Class III rail carriers.
    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 November 16, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35092, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Michael J. Barron, Jr., 
Fletcher & Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-
2832.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 1, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-21958 Filed 11-8-07; 8:45 am]
BILLING CODE 4915-01-P