33580 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Notices Under 49 U.S.C. 10502(g), the Board through his purchase of Green Bay under 49 U.S.C. 10502(d) may be filed may not use its exemption authority to Packaging, Inc.'s (GBP) ownership at any time. The filing of a petition to relieve a rail carrier of its statutory interests in the aforementioned entities reopen will not automatically stay the obligation to protect the interests of its and railroads. Currently, Durden and transaction. An original and 10 copies of employees. Section 11326(c), however, GBP each hold a 49.5% interest and all pleadings, referring to STB Finance does not provide for labor protection for RMC holds a 1% interest in Partners, a Docket No. 32947 (Sub-No. 2), must be transactions under sections 11324±25 Delaware limited partnership; Durden filed with the Office of the Secretary, that involve only Class III rail carriers. and GBP each own a 50% interest in Case Control Branch, Surface Because this transaction involves Class RMCC, a non-carrier holding company; Transportation Board, 1201 Constitution III rail carriers only, the Board, under and Durden and GBP each own a 50% Avenue, NW, Washington, DC 20423. In the statute, may not impose labor interest in each of the railroads in the addition, a copy of each pleading must protective conditions for this RMCC Railroad Group. By this be served on Edward J. McAndrew, transaction. transaction, Durden will acquire 100% Slover & Loftus, 1224 Seventeenth If the verified notice contains false or ownership and control in Partners, Street, N.W., Washington, D.C. 20036. misleading information, the exemption RMCC, and the RMCC Railroad Group. Decided: June 21, 1996. is void ab initio. Petitions to reopen the The exemption will be effective on June proceeding to revoke the exemption 24, 1996, and the parties intend to By the Board, David M. Konschnik, Director, Office of Proceedings. under 49 U.S.C. 10502(d) may be filed consummate this transaction on June 30, at any time. The filing of a petition to 1996. Vernon A. Williams, reopen will not automatically stay the This transaction is related to a notice Secretary. transaction. An original and 10 copies of of exemption concurrently filed in STB [FR Doc. 96±16408 Filed 6±26±96; 8:45 am] all pleadings, referring to STB Finance Finance Docket No. 32947 (Sub-No. 1), BILLING CODE 4915±00±P Docket No. 32947 (Sub-No. 2), must be The A&G Railroad, L.L.C.ÐMergerÐThe filed with the Office of the Secretary, Bay Line Railroad, L.L.C.ÐCorporate Case Control Branch, Surface Family Transaction Exemption, for a Surface Transportation Board1 Transportation Board, 1201 Constitution transaction which would merge the Avenue, NW, Washington, DC 20423. In properties of two intracorporate family [STB Finance Docket No. 32753] addition, a copy of each pleading must rail carriers, whose operations R.J. Corman Railroad Company/ be served on Edward J. McAndrew, connected via trackage rights over a Western Ohio LineÐModified Rail Slover & Loftus, 1224 Seventeenth third (unaffiliated) carrier. Once the CertificateÐBetween Lima and Street, N.W., Washington, D.C. 20036. merger is consummated, the proposed Glenmore, OH Decided: June 21, 1996. acquisition of control by Durden By the Board, David M. Konschnik, qualifies for the class exemption for On May 13, 1996, R.J. Corman Director, Office of Proceedings. acquisition of control in this Railroad Company/Western Ohio Line Vernon A. Williams, proceeding. (RJCW) filed a notice for a modified Secretary. Durden states that: (1) The transaction certificate of public convenience and [FR Doc. 96±16409 Filed 6±26±96; 8:45 am] will not result in any of the subject necessity under 49 CFR 1150.23 to railroads connecting with one another operate as a sub-operator a line of BILLING CODE 4915±00±P or any railroads in their corporate railroad, the SPEG Line, between family; (2) the proposed transaction is milepost 54.4 at Lima, OH, and milepost Surface Transportation Board 1 not part of a series of anticipated 84.2 at Glenmore, OH. [STB Finance Docket No. 32947 (Sub-No. transactions that would connect the The line was formerly part of the 2)] subject railroads with each other or any main line of the bankrupt Erie railroad in their corporate family; and K. Earl DurdenÐAcquisition of Control Lackawanna Railway Company (EL) the transaction involves only Class III ExemptionÐ Rail Partners, L.P., Et Al. between New York and Chicago. The carriers. The transaction therefore is line was not designated for transfer to K. Earl Durden (Durden), a noncarrier exempt from the prior approval Consolidated Rail Corporation (Conrail), individual, has filed a notice of requirements of 49 U.S.C. 11323. See 49 but was available for subsidy under exemption to acquire control of Rail CFR 1180.2(d)(2). section 304 of the Regional Rail Partners, L.P. (Partners), Rail Under 49 U.S.C. 10502(g), the Board Reorganization Act of 1973 (3R Act). Management and Consulting may not use its exemption authority to USRA-Final System Plan-July 1975Ð Corporation (RMCC) and 12 commonly- relieve a rail carrier of its statutory Vol. II, page 122. Under section 304, EL controlled shortline railroads obligation to protect the interests of its gave notice of intent to abandon the line 2 (hereinater the RMCC Railroad Group) employees. Section 11326(c), however, effective March 31, 1976. In 1977, the does not provide for labor protection for line was acquired by the Ohio Rail 1 The ICC Termination Act of 1995, Pub. L. No. transactions under sections 11324±25 104±88, 109 Stat. 803, which was enacted on Transportation Authority, and the December 29, 1995, and took effect on January 1, that involve only Class III rail carriers. Spencerville & Elgin Railroad Company 1996, abolished the Interstate Commerce Because this transaction involves Class (SPEG) was designated as operator. Commission and transferred certain functions to the III rail carriers only, the Board, under Certificate of Designated OperatorÐ Surface Transportation Board (Board). This decision the statute, may not impose labor relates to functions that are subject to Board Spencerville & Elgin Railroad Company, jurisdiction pursuant to 49 U.S.C. 11323±25. protective conditions for this D±OP 23 (ICC served Feb. 13, 1979). 2 The 12 railroads are: Atlantic & Western transaction. Railway, L.P.; The Bay Line Railroad, L.L.C.; If the verified notice contains false or 1 The ICC Termination Act of 1995, Pub. L. No. Copper Basin Railway; East Tennessee Railway, misleading information, the exemption 104±88, 109 Stat. 803 (the ICCTA), which was L.P.; Galveston Railroad, L.P.; Georgia Central is void ab initio. Petitions to reopen the enacted on December 29, 1995, and took effect on Railway, L.P.; KWT Railway, Inc.; Little Rock & proceeding to revoke the exemption January 1, 1996, abolished the Interstate Commerce Western Railway, L.P.; Tomahawk Railway, L.P.; Commission and transferred certain functions to the Valdosta Railway, L.P.; Western Kentucky Railway, Surface Transportation Board (Board). This notice L.L.C.; and Wilmington Terminal Railroad, L.P., Florida, Georgia, Kentucky, North Carolina, which are located in Alabama, Arizona, Arkansas, Tennessee, Texas, and Wisconsin. relates to functions that are subject to Board jurisdiction pursuant to 49 U.S.C. 10901 and 10903. Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Notices 33581 The State of Ohio purchased the line American Short Line Railroad information is contained in the Board's from EL's bankruptcy estate in 1981, Association: American Short Line decision. To purchase a copy of the full and the Van Wert County and Allen Railroad Association, 1120 G St., NW., decision, write to, call, or pick up in County Port Authorities (Authorities) Suite 520, Washington, DC 20005. person from: DC News & Data, Inc., acquired the line from the State in Decided: June 19, 1996. Room 2229, 1201 Constitution Ave., September 1982. In 1990, SPEG gave By the Board, David M. Konschnik, N.W., Washington, DC 20423. notice of intent to terminate service and Director, Office of Proceedings. Telephone: (202) 289±4357/4359. 2 no longer provides service on the line. Vernon A. Williams, [Assistance for the hearing impaired is Indiana Hi-Rail Corporation (IHRC) Secretary. available through TDD services at (202) took over operations on the line in 1991, 927±5721.] [FR Doc. 96±16407 Filed 6±26±96; 8:45 am] and acquired a modified rail certificate Decided: June 20, 1996. to operate the line. Indiana Hi-Rail BILLING CODE 4915±00±P By the Board, David M. Konschnik, CorporationÐModified Rail Certificate, Director, Office of Proceedings. Finance Docket No. 31871 (ICC served 1 Surface Transportation Board Vernon A. Williams, June 20, 1991). IHRC ceased service on [STB Docket No. AB±449 (Sub-No. 2)] the line in November 1993. Secretary. Pursuant to a sub-operating agreement Western Kentucky Railway, L.L.C.Ð [FR Doc. 96±16410 Filed 6±26±96; 8:45 am] dated March 26, 1996, and an AbandonmentÐBetween Blackford BILLING CODE 4915±00±P addendum dated April 3, 1996, between and Princeton, KY RJCW (sub-operator) and SPEG The Board has issued a certificate Federal Aviation Administration (operator), RJCW will assume operations authorizing Western Kentucky Railway, over the line for a two-year period from L.L.C. (WKR), to abandon its 34.75-mile Proposed Advisory Circular (AC) May 20, 1996, to May 20, 1998, subject line between milepost JE62.5 at 23.733±X, Tundra Tires to renewal upon agreement by the Blackford and milepost JE97.25 at AGENCY: Federal Aviation parties. Princeton, in Crittenden and Caldwell Administration (FAA), DOT.