Pinsly Railroad Company-Control Exemption-The Prescott and Northwestern Railroad Company, 49068 [E9-23191]

Download as PDF 49068 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices [FR Doc. E9–22890 Filed 9–24–09; 8:45 am] BILLING CODE 4909–60–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35292] Pinsly Railroad Company—Control Exemption—The Prescott and Northwestern Railroad Company Pinsly Railroad Company (PRC), a noncarrier, has filed a verified notice of exemption to obtain control of The Prescott and Northwestern Railroad Company (PNW), a Class III rail carrier, through the purchase of all PNW’s stock from Potlatch Land & Lumber, LLC (PLL).1 PRC currently controls five Class III railroads: Pioneer Valley Railroad Company, Inc. (PVR), which operates in Massachusetts; Florida Central Railroad Company, Inc. (FCR), Florida Midland Railroad Company, Inc. (FMR), and Florida Northern Railroad Company, Inc. (FNR), each of which operates in Florida; and Arkansas Midland Railroad Company, Inc. (AKMD), which operates in Arkansas. PRC states that it executed a Stock Purchase Agreement with PLL on September 4, 2009, to acquire all of PNW’s stock and assume control of PNW.2 The transaction is scheduled to be consummated simultaneously with the transaction filed in STB Finance Docket No. 35293 no later than December 31, 2009, unless the transaction in STB Finance Docket No. 35293 is not finalized by that date. In that event, this transaction will be consummated separately on or after the date that this notice becomes effective (which will occur on October 9, 2009). Applicant states that: (i) The rail line involved in this transaction does not connect with any rail lines of the PVR, FCR, FMR, FNR, AKMD or any other railroad now controlled by applicant; (ii) the acquisition of control of PNW is not part of a series of anticipated transactions that would connect any of the railroads with each other or with any railroad in their corporate family; and (iii) this transaction does not involve a Class I rail carrier. Therefore, jlentini on DSKJ8SOYB1PROD with NOTICES 1 PRC has also concurrently filed a motion for protective order pursuant to 49 CFR 1104.14(b) to allow PRC to file the unredacted Stock Purchase Agreement under seal. That motion will be addressed in a separate decision. 2 The Stock Purchase Agreement also covers PRC’s acquisition of another Class III rail line. For that acquisition, PRC has filed a verified petition for exemption in Pinsly Railroad Company–Control Exemption–Warren & Saline River Railroad Company, STB Finance Docket No. 35293. The petition will be addressed in a separate decision. VerDate Nov<24>2008 20:52 Sep 24, 2009 Jkt 217001 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 October 2, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35292, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 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: September 22, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–23191 Filed 9–24–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee Report AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Motor Carrier Safety Advisory Committee Report. The FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) issued a report to the Agency on September 2, 2009, concerning Task 09–03 regarding improving the existing processes, SUMMARY: PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 procedures, and requirements for ensuring that new entrant motor carriers are knowledgeable about Federal safety regulations prior to beginning operations in interstate commerce. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Miller, Chief, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–1258, mcsac@dot.gov. On May 20, 2009, the MCSAC unanimously accepted Task 09–03: Provide advice to FMCSA on approaches that could be implemented to improve the existing processes, procedures, and requirements for ensuring that new entrant motor carriers are knowledgeable about Federal motor carrier safety mandates prior to beginning operations in interstate commerce. The MCSAC established a workgroup to address the task. The workgroup met in person from August 31, 2009, through September 2, 2009. On September 2, 2009, the workgroup presented its report to MCSAC for review and approval. The MCSAC unanimously approved the report on September 2, 2009. The report provides advice to FMCSA on approaches or strategies the Agency should consider for ensuring that new entrant motor carriers are knowledgeable about the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations, and have the ability to implement and maintain safety management controls and a safety culture in the workplace to achieve full compliance with the regulations and minimize the risks of crashes. The report was submitted to FMCSA on September 2, 2009, and can be viewed at the MCSAC Web site at http://mcsac.fmcsa.dot.gov. The report has also been posted to the rulemaking docket FMCSA 2001–11061, concerning FMCSA’s August 25, 2009, Advance Notice of Proposed Rulemaking which requests public comment on the methods the Agency should consider implementing to assure that new applicant carriers are knowledgeable about Federal safety regulations prior to beginning operations in interstate commerce. SUPPLEMENTARY INFORMATION: Issued on: September 17, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–23200 Filed 9–24–09; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Page 49068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23191]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35292]


Pinsly Railroad Company--Control Exemption--The Prescott and 
Northwestern Railroad Company

    Pinsly Railroad Company (PRC), a noncarrier, has filed a verified 
notice of exemption to obtain control of The Prescott and Northwestern 
Railroad Company (PNW), a Class III rail carrier, through the purchase 
of all PNW's stock from Potlatch Land & Lumber, LLC (PLL).\1\ PRC 
currently controls five Class III railroads: Pioneer Valley Railroad 
Company, Inc. (PVR), which operates in Massachusetts; Florida Central 
Railroad Company, Inc. (FCR), Florida Midland Railroad Company, Inc. 
(FMR), and Florida Northern Railroad Company, Inc. (FNR), each of which 
operates in Florida; and Arkansas Midland Railroad Company, Inc. 
(AKMD), which operates in Arkansas. PRC states that it executed a Stock 
Purchase Agreement with PLL on September 4, 2009, to acquire all of 
PNW's stock and assume control of PNW.\2\
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    \1\ PRC has also concurrently filed a motion for protective 
order pursuant to 49 CFR 1104.14(b) to allow PRC to file the 
unredacted Stock Purchase Agreement under seal. That motion will be 
addressed in a separate decision.
    \2\ The Stock Purchase Agreement also covers PRC's acquisition 
of another Class III rail line. For that acquisition, PRC has filed 
a verified petition for exemption in Pinsly Railroad Company-Control 
Exemption-Warren & Saline River Railroad Company, STB Finance Docket 
No. 35293. The petition will be addressed in a separate decision.
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    The transaction is scheduled to be consummated simultaneously with 
the transaction filed in STB Finance Docket No. 35293 no later than 
December 31, 2009, unless the transaction in STB Finance Docket No. 
35293 is not finalized by that date. In that event, this transaction 
will be consummated separately on or after the date that this notice 
becomes effective (which will occur on October 9, 2009).
    Applicant states that: (i) The rail line involved in this 
transaction does not connect with any rail lines of the PVR, FCR, FMR, 
FNR, AKMD or any other railroad now controlled by applicant; (ii) the 
acquisition of control of PNW is not part of a series of anticipated 
transactions that would connect any of the railroads with each other or 
with any railroad in their corporate family; and (iii) this 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 October 2, 2009 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35292, 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 Thomas J. Litwiler, Fletcher & 
Sippel LLC, 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: September 22, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-23191 Filed 9-24-09; 8:45 am]
BILLING CODE 4915-01-P