Federal Register/Vol. 76, No. 78/Friday, April 22, 2011/Notices
Total Page:16
File Type:pdf, Size:1020Kb
Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 22747 approximately 15.04 miles of rail line least 7 days before the exemption LLC (RR Acquisition) (collectively, between milepost 374.96 at or near becomes effective). RailAmerica, et al.), have filed a verified Troy, and the end of the line at An original and 10 copies of all notice of exemption to continue in approximately milepost 390.00 at or pleadings, referring to Docket No. FD control, through RTC, of Conecuh near Goshen, in Pike County, Ala.1 35487, must be filed with the Surface Valley Railway, LLC (CVR), Three Notch This transaction is related to 3 Transportation Board, 395 E Street, SW., Railway, LLC (TNRW), and Wiregrass concurrently filed verified notices of Washington, DC 20423–0001. In Central Railway, LLC (WCR) upon those exemption, as follows: Docket No. FD addition, a copy of each pleading must noncarriers’ becoming Class III rail 35486, RailAmerica, Inc., Palm Beach be served on Louis E. Gitomer, 600 carriers.2 Holdings, Inc., RailAmerica Baltimore Ave., Suite 301, Towson, MD This transaction is related to 3 Transportation Corp., RailTex, Inc., 21204. concurrently filed verified notices of Fortress Investment Group, LLC, and RR Board decisions and notices are exemption, as follows: Docket No. FD Acquisition Holding, LLC—Continuance available on our Web site at http:// 35487, Conecuh Valley Railway, LLC— in Control Exemption—Conecuh Valley www.stb.dot.gov. Acquisition and Operation Exemption— Railway, LLC, Three Notch Railway, Decided: April 18, 2011. Conecuh Valley Railroad Co., Inc., LLC, and Wiregrass Central Railway, By the Board. wherein CVR seeks to acquire and LLC, in which RailAmerica and its Rachel D. Campbell, operate approximately 15.04 miles of rail line between milepost 374.96 at or subsidiaries seek to continue in control Director, Office of Proceedings. near Troy, and the end of the line at of CVR, Three Notch Railway, LLC, and Jeffrey Herzig, Wiregrass Central Railway, LLC, upon approximately milepost 390.00 at or Clearance Clerk. near Goshen, in Pike County, Ala.; those noncarriers’ becoming Class III [FR Doc. 2011–9813 Filed 4–21–11; 8:45 am] rail carriers; Docket No. FD 35488, Docket No. FD 35488, Three Notch BILLING CODE 4915–01–P Three Notch Railway, LLC—Acquisition Railway, LLC— Acquisition and and Operation Exemption—Three Operation Exemption—Three Notch Railroad Co., Inc., wherein TNRW seeks Notch Railroad Co., Inc., wherein Three DEPARTMENT OF TRANSPORTATION to acquire and operate approximately Notch Railway, LLC (TNRW) seeks to 34 miles of rail line extending between acquire and operate approximately 34 Surface Transportation Board approximately right-of-way station miles of rail line extending between [Docket No. FD 35486] 22+57 at the interchange point with approximately right-of-way station CSX Transportation, Inc. (CSXT), in 22+57 at the interchange point with RailAmerica, Inc., Palm Beach Georgiana, Ala., and milepost 581.3 at CSX Transportation, Inc., in Georgiana, Holdings, Inc., RailAmerica Andalusia, Ala.; 3 and Docket No. FD Ala., and milepost 581.3 at Andalusia, Transportation Corp., RailTex, Inc., 35489, Wiregrass Central Railway, Ala.;2 and Docket No. FD 35489, Fortress Investment Group, LLC, and LLC—Acquisition and Operation Wiregrass Central Railway, LLC— RR Acquisition Holding, LLC— Exemption—Wiregrass Central Railroad Acquisition and Operation Exemption— Continuance in Control Exemption— Company, Inc., wherein WCR seeks to Wiregrass Central Railroad Company, Conecuh Valley Railway, LLC, Three acquire and operate approximately Inc., wherein Wiregrass Central Notch Railway, LLC, and Wiregrass 21.2 miles of rail line between milepost Railway, LLC seeks to acquire and Central Railway, LLC 800.00 at Waterford and milepost 821.2 operate approximately 21.2 miles of rail 1 near Newton, in Coffee and Dale line between milepost 800.00 at RailAmerica, Inc. (RailAmerica), Counties, Ala. Waterford and milepost 821.2 near Palm Beach Holdings, Inc. (Palm The parties intend to consummate the Newton, in Coffee and Dale Counties, Beach), RailAmerica Transportation transaction on or after May 8, 2011. Ala. Corp. (RTC), RailTex, Inc. (RailTex), Fortress Investment Group, LLC RailAmerica et al., entered into an The parties intend to consummate the (Fortress), and RR Acquisition Holding, Asset Purchase Agreement dated April transaction on or after May 8, 2011. 8, 2011, with Conecuh Valley Railroad CVR certifies that its projected annual 1 RailAmerica controls the following Class III Co., Inc. (COEH), Three Notch Railroad revenues as a result of this transaction railroads: Alabama & Gulf Coast Railway, LLC, Co., Inc. (TNHR), Wiregrass Central will not exceed those that would qualify Arizona & California Railroad Company, Bauxite & Railroad Company, Inc. (WGCR), and it as a Class III rail carrier and will not Northern Railway Company, California Northern 4 Railroad Company, Cascade and Columbia River Gulf & Ohio Railways, Inc. (G&O), to exceed $5 million. Railroad Company, Central Oregon & Pacific acquire substantially all of the assets of If the verified notice contains false or Railroad, Inc., The Central Railroad Company of COEH, TNHR, and WGCR. misleading information, the exemption Indiana, Central Railroad Company of Indianapolis, Fortress’s noncarrier affiliate, RR Connecticut Southern Railroad, Inc., Dallas, is void ab initio. Petitions to revoke the Garland & Northeastern Railroad, Inc., Delphos Acquisition, currently owns 55% of the exemption under 49 U.S.C. 10502(d) Terminal Railroad Company, Inc., Eastern Alabama publicly traded shares of, and controls, may be filed at any time. The filing of Railway, LLC, Huron & Eastern Railway Company, noncarrier RailAmerica. The latter a petition to revoke will not Inc., Indiana & Ohio Railway Company, Indiana directly controls noncarrier Palm Beach, Southern Railroad, LLC, Kiamichi Railroad automatically stay the effectiveness of Company, LLC, Kyle Railroad Company, The which directly controls RTC. Further, the exemption. Petitions to stay must be Massena Terminal Railroad Company, Mid- Fortress, on behalf of certain other filed no later than April 29, 2011 (at Michigan Railroad, Inc., Missouri & Northern equity funds managed by it and its Arkansas Railroad Company, Inc., New England affiliates, directly controls noncarrier Central Railroad, Inc., North Carolina & Virginia 1 CVR is acquiring the line from COEH as part of Railroad Company, LLC, Otter Tail Valley Railroad a transaction whereby newly created noncarrier Company, Inc., Point Comfort & Northern Railway 2 RailAmerica et al., through RTC, owns 100 subsidiaries of RailAmerica Transportation Corp., Company, Puget Sound & Pacific Railroad, percent of CVR, TNRW, and WCR. are acquiring the rail assets of certain subsidiaries Rockdale, Sandow & Southern Railroad Company, 3 TNRW will also be assigned the selling carrier’s of Gulf & Ohio Railways, Inc. San Diego & Imperial Valley Railroad Company, agreement with Andalusia & Conecuh Railroad 2 TNRW will also be assigned the selling carrier’s Inc., San Joaquin Valley Railroad Co., South Company to lease and operate a rail line in agreement with the Andalusia & Conecuh Valley Carolina Central Railroad Company, LLC, Toledo, Andalusia. Railroad Company to lease and operate a rail line Peoria & Western Railway Corporation, and Ventura 4 G&O is the corporate parent of COEH, TNHR, at Andalusia. County Railroad Corp. and WGCR. VerDate Mar<15>2010 16:01 Apr 21, 2011 Jkt 223001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 mstockstill on DSKH9S0YB1PROD with NOTICES 22748 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices FECR Rail LLC, which directly controls By the Board. DWP for a number of years and FEC Rail Corp. (CORP), which directly Rachel D. Campbell, currently does so through GTC as well. controls Florida East Coast Railway, Director, Office of Proceedings. Applicants point out that the rail lines LLC (FEC). CORP and FEC are Class II Jeffrey Herzig, of WCL, DMIR and DWP connect at the rail carriers. Clearance Clerk. Twin Ports of Duluth, Minn. and The parties represent that: (1) CVR, [FR Doc. 2011–9789 Filed 4–21–11; 8:45 am] Superior, Wis., where all three rail carriers currently operate. Together, TNRW, and WCR will not connect with BILLING CODE 4915–01–P any railroads in the corporate family of they form an important through route RailAmerica, et al.; (2) the transaction is between the Chicago terminal and not part of a series of anticipated DEPARTMENT OF TRANSPORTATION Canada. transactions that would connect the rail Pursuant to an agreement and plan of merger by the applicants (consented to lines operated by CVR, TNRW, or WCR Surface Transportation Board by GTC and WCTC), DMIR and DWP with any railroads in the corporate [Docket No. FD 35476] will merge with and into WCL, with family of RailAmerica, et al.; and (3) the WCL being the surviving corporation. transaction does not involve a Class I Wisconsin Central Ltd.—Intra- According to applicants, the carrier. Corporate Family Merger Exemption— Duluth, Missabe and Iron Range consolidated entity will continue all Further, the parties state that: (1) The Railway Company and Duluth, existing operations of WCL, DMIR, and management of RailAmerica has Winnipeg and Pacific Railway DWP, but with a unified workforce, successfully managed short line Company enhanced efficiencies, and elimination railroads for more than a decade; of interchanges in the Twin Ports. (2) RailAmerica