Wisconsin Central Ltd.-Intra-Corporate Family Merger Exemption-Duluth, Missabe and Iron Range Railway Company and Duluth, Winnipeg and Pacific Railway Company, 22748-22749 [2011-9820]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 22748 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices FECR Rail LLC, which directly controls FEC Rail Corp. (CORP), which directly controls Florida East Coast Railway, LLC (FEC). CORP and FEC are Class II rail carriers. The parties represent that: (1) CVR, TNRW, and WCR will not connect with any railroads in the corporate family of RailAmerica, et al.; (2) the transaction is not part of a series of anticipated transactions that would connect the rail lines operated by CVR, TNRW, or WCR with any railroads in the corporate family of RailAmerica, et al.; and (3) the transaction does not involve a Class I carrier. Further, the parties state that: (1) The management of RailAmerica has successfully managed short line railroads for more than a decade; (2) RailAmerica intends to focus on rail operations and to use its management experience and expertise in operating short line railroads and its financial resources to provide rail freight service to communities and industries who wish to have additional transportation options; and (3) RailAmerica intends to create financially viable railroads in CVR, TNRW, and WCR. 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railway— Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). 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. Stay petitions must be filed no later than April 29, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35486, 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 Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 18, 2011. VerDate Mar<15>2010 16:01 Apr 21, 2011 Jkt 223001 By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9789 Filed 4–21–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35476] Wisconsin Central Ltd.—IntraCorporate Family Merger Exemption— Duluth, Missabe and Iron Range Railway Company and Duluth, Winnipeg and Pacific Railway Company Wisconsin Central Ltd. (WCL), Duluth, Missabe and Iron Range Railway Company (DMIR) and Duluth, Winnipeg and Pacific Railway Company (DWP) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an intra-corporate family transaction. WCL is an indirect subsidiary of Grand Trunk Corporation (GTC), a holding company for the U.S. rail subsidiaries of the Canadian National Railway Company (CNR) and a direct subsidiary of CNR.1 In Canadian National Railway—Control—Wisconsin Central Transportation, 5 S.T.B. 890 (2001) (CNR/WC), CNR and GTC acquired control of WCL and other related rail carriers.2 DMIR also is an indirect subsidiary of GTC. DMIR Holdings Corp. (DMIR Holdings) is the parent company of DMIR, which in turn, is owned by GTC. Applicants state that, prior to the merger transaction proposed in this notice, DMIR will be merged into DMIR Holdings, with DMIR Holdings as the surviving entity and immediately renamed as DMIR. CNR and GTC acquired control of DMIR and other related rail carriers 3 in Canadian National Railway—Control—Duluth, Missabe and Iron Range Railway, 7 S.T.B. 526 (2004). CNR has controlled 1 Wisconsin Central Transportation Corporation (WCTC), the parent company of WCL, currently is indirectly owned by GTC. 2 At the time of the 2001 CNR/WC transaction, the WCTC family of rail carriers also included Fox Valley & Western Ltd. (FVW), Sault Ste. Marie Bridge Company (SSMB) and Wisconsin Chicago Link Ltd. (WCCL). FVW has since been dissolved into WCL. Wis. Cent. Transp., Wis. Cent. Ltd. and Fox Valley & W. Ltd.—Intracorporate Family Transaction Exemption, FD 34296 (STB served Jan. 22, 2003). Applicants state that SSMB and WCCL remain in existence as rail carriers but are not part of this merger transaction. 3 Bessemer and Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 DWP for a number of years and currently does so through GTC as well. Applicants point out that the rail lines of WCL, DMIR and DWP connect at the Twin Ports of Duluth, Minn. and Superior, Wis., where all three rail carriers currently operate. Together, they form an important through route between the Chicago terminal and Canada. Pursuant to an agreement and plan of merger by the applicants (consented to by GTC and WCTC), DMIR and DWP will merge with and into WCL, with WCL being the surviving corporation. According to applicants, the consolidated entity will continue all existing operations of WCL, DMIR, and DWP, but with a unified workforce, enhanced efficiencies, and elimination of interchanges in the Twin Ports. The transaction is scheduled to be consummated no sooner than May 8, 2011, the effective date of the exemption. Applicants state that they will first negotiate or, if necessary, arbitrate implementing agreements with the operating crafts on WCL, DMIR and DWP. The purpose of the transaction is to simplify the corporate structure and reduce overhead costs and duplication by combining the three separate rail carrier corporations. The transaction also will eliminate interchange movements in the Twin Ports area and will enhance the overall efficiency of the merged railroads. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railway— Control—Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). 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 April 29, 2011 (at E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35476, 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. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 18, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9820 Filed 4–21–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35483] Camden & Southern Railroad, Inc.— Lease and Operation Exemption— Camden Area Industrial Development Corporation mstockstill on DSKH9S0YB1PROD with NOTICES Camden & Southern Railroad, Inc. (C&S), a noncarrier, has filed a verified VerDate Mar<15>2010 16:01 Apr 21, 2011 Jkt 223001 notice of exemption under 49 CFR 1150.31 to lease and operate 17,837 feet of trackage owned by Camden Area Industrial Development Corporation (CAIDC), located at Zone JH482, Yard 06, opposite milepost 463 of Union Pacific Railroad Company’s Gurdon Subdivision, Camden, Ouachita County, Ark. The notice was filed on March 29, 2011 and was supplemented on April 7, 2011. This transaction is related to a verified notice of exemption filed by Arkansas Shortline Railroads, Inc. (ASR), a noncarrier and the parent of C&S, to continue in control of C&S and Class III rail carriers Dardanelle & Russellville Railroad, Inc. and Ouachita Railroad, upon C&S becoming a Class III rail carrier. See Ark. Shortline R.R.— Continuance in Control Exemption— Dardanelle & Russellville R.R., Ouachita R.R., & Camden & S. R.R., FD 35484 (STB served Apr. 14, 2011); Ark. Shortline R.R.—Continuance in Control Exemption—Dardanelle & Russellville R.R., Ouachita R.R., & Camden & S. R.R., 76 FR 21797–98 (Apr. 18, 2011). The transaction is expected to be consummated on or shortly after May 7, 2011. C&S certifies that its projected annual revenues as a result of the transaction will not result in C&S becoming a Class II or Class I rail carrier and further PO 00000 Frm 00083 Fmt 4703 Sfmt 9990 22749 certifies that its projected annual revenue will not exceed $5 million. 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 April 29, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35483, 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 Richard H. Streeter, 5255 Partridge Lane, NW., Washington, DC 20016. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 18, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9791 Filed 4–21–11; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Notices]
[Pages 22748-22749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9820]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35476]


Wisconsin Central Ltd.--Intra-Corporate Family Merger Exemption--
Duluth, Missabe and Iron Range Railway Company and Duluth, Winnipeg and 
Pacific Railway Company

    Wisconsin Central Ltd. (WCL), Duluth, Missabe and Iron Range 
Railway Company (DMIR) and Duluth, Winnipeg and Pacific Railway Company 
(DWP) have jointly filed a verified notice of exemption under 49 CFR 
1180.2(d)(3) for an intra-corporate family transaction. WCL is an 
indirect subsidiary of Grand Trunk Corporation (GTC), a holding company 
for the U.S. rail subsidiaries of the Canadian National Railway Company 
(CNR) and a direct subsidiary of CNR.\1\ In Canadian National Railway--
Control--Wisconsin Central Transportation, 5 S.T.B. 890 (2001) (CNR/
WC), CNR and GTC acquired control of WCL and other related rail 
carriers.\2\
---------------------------------------------------------------------------

    \1\ Wisconsin Central Transportation Corporation (WCTC), the 
parent company of WCL, currently is indirectly owned by GTC.
    \2\ At the time of the 2001 CNR/WC transaction, the WCTC family 
of rail carriers also included Fox Valley & Western Ltd. (FVW), 
Sault Ste. Marie Bridge Company (SSMB) and Wisconsin Chicago Link 
Ltd. (WCCL). FVW has since been dissolved into WCL. Wis. Cent. 
Transp., Wis. Cent. Ltd. and Fox Valley & W. Ltd.--Intracorporate 
Family Transaction Exemption, FD 34296 (STB served Jan. 22, 2003). 
Applicants state that SSMB and WCCL remain in existence as rail 
carriers but are not part of this merger transaction.
---------------------------------------------------------------------------

    DMIR also is an indirect subsidiary of GTC. DMIR Holdings Corp. 
(DMIR Holdings) is the parent company of DMIR, which in turn, is owned 
by GTC. Applicants state that, prior to the merger transaction proposed 
in this notice, DMIR will be merged into DMIR Holdings, with DMIR 
Holdings as the surviving entity and immediately renamed as DMIR. CNR 
and GTC acquired control of DMIR and other related rail carriers \3\ in 
Canadian National Railway--Control--Duluth, Missabe and Iron Range 
Railway, 7 S.T.B. 526 (2004). CNR has controlled DWP for a number of 
years and currently does so through GTC as well.
---------------------------------------------------------------------------

    \3\ Bessemer and Lake Erie Railroad Company and The Pittsburgh & 
Conneaut Dock Company.
---------------------------------------------------------------------------

    Applicants point out that the rail lines of WCL, DMIR and DWP 
connect at the Twin Ports of Duluth, Minn. and Superior, Wis., where 
all three rail carriers currently operate. Together, they form an 
important through route between the Chicago terminal and Canada.
    Pursuant to an agreement and plan of merger by the applicants 
(consented to by GTC and WCTC), DMIR and DWP will merge with and into 
WCL, with WCL being the surviving corporation. According to applicants, 
the consolidated entity will continue all existing operations of WCL, 
DMIR, and DWP, but with a unified workforce, enhanced efficiencies, and 
elimination of interchanges in the Twin Ports.
    The transaction is scheduled to be consummated no sooner than May 
8, 2011, the effective date of the exemption. Applicants state that 
they will first negotiate or, if necessary, arbitrate implementing 
agreements with the operating crafts on WCL, DMIR and DWP.
    The purpose of the transaction is to simplify the corporate 
structure and reduce overhead costs and duplication by combining the 
three separate rail carrier corporations. The transaction also will 
eliminate interchange movements in the Twin Ports area and will enhance 
the overall efficiency of the merged railroads.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1180.2(d)(3). The parties state that the transaction will not result in 
adverse changes in service levels, significant operational changes, or 
any change in the competitive balance with carriers outside the 
corporate family.
    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. As a condition to the use of 
this exemption, any employees adversely affected by this transaction 
will be protected by the conditions set forth in New York Dock 
Railway--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 
(1979).
    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 April 29, 2011 (at

[[Page 22749]]

least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35476, 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.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: April 18, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9820 Filed 4-21-11; 8:45 am]
BILLING CODE 4915-01-P

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