Tyburn Railroad, LLC-Acquisition and Operation Exemption-Tyburn Railroad Company, 50326 [2011-20556]

Download as PDF 50326 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices • Le Grand Branch Libarary, 12949 Le Grand Road, Le Grand, CA 95333; • Lao Family Community, 855 W. 15th Street, Merced, CA 95333; • Madera Ranchos Branch Library, 37167 Avenue 12, Suite 4C, Madera, CA 95636; • Merced County Los Banos Branch Library, 1312 South Seventh Street, Los Banos, CA 93635; and • Atwater Branch Library, 1600 Third Street, Atwater, CA 95301. Issued in Washington, DC, on August 9, 2011. Corey W. Hill, Director, Rail Project Development and Delivery. [FR Doc. 2011–20582 Filed 8–11–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35541] mstockstill on DSK4VPTVN1PROD with NOTICES Tyburn Railroad, LLC—Acquisition and Operation Exemption—Tyburn Railroad Company Tyburn Railroad, LLC (Tyburn), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Tyburn Railroad Company and operate approximately 0.9 miles of rail lines in Morrisville, Pa. According to Tyburn, there are no mileposts associated with the lines, which are located at ‘‘1535 S. Pennsylvania Avenue’’ in Morrisville. The lines were formerly a yard owned by Consolidated Rail Corporation (Conrail) and are located in a Conrail Shared Asset Area. Tyburn states that it will be able to interchange traffic with Norfolk Southern Railway Company (NS) and CSX Transportation, Inc. (CSXT), and Tyburn will enter into standard agreements with Conrail, NS, and CSXT to effect such interchange. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 35542, Regional Rail—Continuance in Control Exemption—Tyburn Railroad, wherein Regional Rail, LLC seeks Board approval to continue in control of Tyburn, upon Tyburn’s becoming a Class III rail carrier. The transaction may not be consummated until August 28, 2011 (30 days after the notice of exemption was filed). Tyburn certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and will not exceed $5 million. VerDate Mar<15>2010 16:37 Aug 11, 2011 Jkt 223001 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 to stay must be filed no later than August 19, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35541, 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 Karl Morell, Suite 225, 655 15th St., NW., Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: August 5, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–20556 Filed 8–11–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35542] Regional Rail, LLC—Continuance in Control Exemption—Tyburn Railroad, LLC Regional Rail, LLC (Regional), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Tyburn Railroad, LLC (Tyburn), upon Tyburn’s becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in Docket No. FD 35541, Tyburn Railroad—Acquisition and Operation Exemption—Tyburn Railroad, wherein Tyburn seeks Board approval to acquire from Tyburn Railroad Company and operate approximately 0.9 miles of rail lines in Morrisville, Pa. The parties intend to consummate the transaction on or shortly after the effective date of the verified notice of exemption. Regional is a Delaware limited liability company that currently controls 2 Class III railroads, East Penn Railroad, LLC (ESPN) and Middletown and New Jersey Railroad, LLC (Middletown). ESPN operates rail lines in PO 00000 Frm 00161 Fmt 4703 Sfmt 9990 Pennsylvania and Delaware, and Middletown operates rail lines in New York. Regional also owns 100 percent of the issued and outstanding shares of Tyburn. Regional represents that: (1) The rail lines to be operated by Tyburn do not connect with any other railroads in the corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the rail lines with any other railroads in the 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 § 11324 and § 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III carriers. 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 August 19, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35542, 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 Karl Morell, Suite 225, 655 15th St., NW., Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: August 5, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–20553 Filed 8–11–11; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Page 50326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20556]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35541]


Tyburn Railroad, LLC--Acquisition and Operation Exemption--Tyburn 
Railroad Company

    Tyburn Railroad, LLC (Tyburn), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Tyburn 
Railroad Company and operate approximately 0.9 miles of rail lines in 
Morrisville, Pa.
    According to Tyburn, there are no mileposts associated with the 
lines, which are located at ``1535 S. Pennsylvania Avenue'' in 
Morrisville. The lines were formerly a yard owned by Consolidated Rail 
Corporation (Conrail) and are located in a Conrail Shared Asset Area. 
Tyburn states that it will be able to interchange traffic with Norfolk 
Southern Railway Company (NS) and CSX Transportation, Inc. (CSXT), and 
Tyburn will enter into standard agreements with Conrail, NS, and CSXT 
to effect such interchange.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35542, Regional Rail--Continuance in 
Control Exemption--Tyburn Railroad, wherein Regional Rail, LLC seeks 
Board approval to continue in control of Tyburn, upon Tyburn's becoming 
a Class III rail carrier.
    The transaction may not be consummated until August 28, 2011 (30 
days after the notice of exemption was filed).
    Tyburn certifies that its projected annual revenues as a result of 
this transaction will not result in its becoming a Class II or Class I 
rail carrier and 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 to stay must be filed no later than August 19, 
2011 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35541, 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 Karl Morell, Suite 225, 655 15th St., NW., 
Washington, DC 20005.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: August 5, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-20556 Filed 8-11-11; 8:45 am]
BILLING CODE 4915-01-P

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