Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices 43577 addition, CCPN will acquire incidental Corpus Christi Authority of Nueces of the Secretary, Case Control Unit, 1925 trackage rights over lines of UP between County, Texas, Union Pacific Railroad K Street, N.W., Washington, DC 20423– milepost 145.9 and milepost 149.0, Company, Southern Pacific 0001. In addition, a copy of each together with the ‘‘loop’’ trackage off of Transportation Company, The Texas pleading must be served on Eric M. the main line, all in the terminal area of Mexican Railway Company and The Hocky, Esq., Gollatz, Griffin & Ewing, Corpus Christi, TX, a distance of Burlington Northern and Santa Fe P.C., 213 West Miner Street, West approximately 3.1 miles. Railway Company, wherein CCPN seeks Chester, PA 19381–0796. The transaction was expected to be to acquire and operate certain rail lines Decided: August 5, 1997. from Port of Corpus Christi Authority of consummated on or after August 1, By the Board, David M. Konschnik, 1997. Nueces County, Texas. Director, Office of Proceedings. GWI directly controls one existing This transaction is related to STB Vernon A. Williams, Finance Docket No. 33437, Genesee & Class II rail carrier subsidiary: Buffalo & Secretary, Wyoming Inc.—Continuance in Control Pittsburgh Railroad, Inc., operating in Exemption—Corpus Christi Terminal New York and Pennsylvania. GWI [FR Doc. 97–21548 Filed 8–13–97; 8:45 am] Railroad, Inc., wherein the Genesee & directly controls 11 existing Class III rail BILLING CODE 4915±00±P Wyoming Inc. has concurrently filed a carrier subsidiaries: Genesee & verified notice to continue in control of Wyoming Railroad Company, Inc., DEPARTMENT OF TRANSPORTATION CCPN, upon its becoming a Class III rail operating in western New York; Dansville and Mount Morris Railroad carrier. Surface Transportation Board If the verified notice contains false or Company, operating in New York; misleading information, the exemption Rochester & Southern Railroad, Inc., [STB Finance Docket No. 33439] is void ab initio. Petitions to reopen the operating in New York; Louisiana & proceeding to revoke the exemption Delta Railroad, Inc., operating in Kauri, Inc. and StatesRail LLCÐ under 49 U.S.C. 10502(d) may be filed Louisiana; Bradford Industrial Rail, Inc., Continuance in ControlÐAlabama & at any time. The filing of a petition to operating in Pennsylvania and New Gulf Coast Railway LLC York; Allegheny & Eastern Railroad, revoke will not automatically stay the Kauri, Inc. (Kauri) and StatesRail LLC Inc., operating in Pennsylvania; transaction. (StatesRail) filed a notice of exemption Willamette & Pacific Railroad, Inc., An original and 10 copies of all under 49 CFR 1180.2(d)(2) and 1180.4(g) pleadings, referring to STB Finance operating in Oregon; GWI Switching Services, operating in Texas; Illinois & to continue in control of Alabama & Docket No. 33436, must be filed with Gulf Coast Railway LLC (ALA) upon the Surface Transportation Board, Office Midland Railroad, Inc., operating in Illinois; Pittsburg & Shawmut Railroad, ALA’s becoming a Class III rail carrier. of the Secretary, Case Control Unit, 1925 The transaction is expected to be K Street, N.W., Washington, DC 20423– Inc., operating in Pennsylvania; and Portland & Western Railroad, Inc., consummated on or after September 1, 0001. In addition, a copy of each 1997. pleading must be served on Eric M. operating in Oregon. GWI indirectly controls 3 Class III rail ALA, a noncarrier, has concurrently Hocky, Esq., Gollatz, Griffin & Ewing, carriers through its ownership of Rail filed a notice of exemption in Alabama P.C., 213 West Miner Street, West Link, Inc.: Carolina Coastal Railway, & Gulf Coast Railway LLC—Acquisition Chester, PA 19381–0796. Inc., operating in North Carolina; and Operation Exemption—The Decided: August 5, 1997. Commonwealth Railway, Inc., operating Burlington Northern and Santa Fe By the Board, David M. Konschnik, in Virginia; and Talleyrand Terminal Railway Company, STB Finance Docket Director, Office of Proceedings. Railroad, Inc., operating in Florida. No. 33438, to acquire from The Vernon A. Williams, GWI states that: (i) The rail lines to be Burlington Northern and Santa Fe Secretary. operated by CCPN do not connect with Railway Company (BNSF) and operate a [FR Doc. 97–21547 Filed 8–13–97; 8:45 am] any railroad in the corporate family; (ii) 140.58-mile rail line between milepost 776.10 near Kimbrough, AL, and BILLING CODE 4915±00±P the transaction is not part of a series of anticipated transactions that would milepost 916.68 in Pensacola, FL. ALA connect CCPN with any railroads in the will also acquire incidental trackage DEPARTMENT OF TRANSPORTATION corporate family; and (iii) the rights over 13.6 miles of BNSF’s line transaction does not involve a Class I between milepost 776.10 near Surface Transportation Board carrier. Therefore, the transaction is Kimbrough, AL, and milepost 762.5 near Magnolia, AL. ALA will also be [STB Finance Docket No. 33437] exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 temporarily assigned trackage rights Genesee & Wyoming Inc.Ð CFR 1180.2(d)(2). over a 43.1-mile line of CSX Continuance in Control ExemptionÐ As a condition to this exemption, the Transportation, Inc., between milepost Corpus Christi Terminal Railroad, Inc. continuance in control of CCPN by GWI L621.7 near Atmore, AL, and milepost is subject to the labor protection L635.4 near Catonment, FL, pending Genesee & Wyoming, Inc. (GWI) has requirements of 49 U.S.C. 11326(b). completion of repairs to the line to be filed a notice of exemption to continue If the notice contains false or acquired from BNSF. in control of the Corpus Christi misleading information, the exemption Kauri, a noncarrier, through its Terminal Railroad, Inc. (CCPN), upon is void ab initio. Petitions to revoke the noncarrier subsidiary, StatesRail, CCPN’s becoming a Class III railroad. exemption under 49 U.S.C. 10502(d) controls: (1) Kiamichi Railroad The transaction was expected to be may be filed at any time. The filing of Company, L.L.C. (Kiamichi), which consummated on or after August 1, a petition to revoke will not operates lines in Arkansas, Oklahoma, 1997. automatically stay the transaction. and Texas; and (2) through its This transaction is related to STB An original and 10 copies of all noncarrier subsidiary StatesRail, Inc., Finance Docket No. 33436, Corpus pleadings, referring to STB Finance and its noncarrier subsidiary, Kyle Christi Terminal Railroad, Inc.—Lease Docket No. 33437, must be filed with Railways, Inc., controls: (a) Arizona and Operation Exemption—Port of the Surface Transportation Board, Office Eastern Railway Company, which 43578 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices operates lines in Arizona; (b) Eastern DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Alabama Railway Company, which operates lines in Alabama; (c) Kyle Surface Transportation Board Surface Transportation Board Railroad Company, which operates lines [STB Finance Docket No. 33432] [STB Docket No. AB±33 (Sub±No. 113)] in Colorado, Kansas, and Nebraska; (d) San Joaquin Valley Railroad Company, Paducah & Louisville RailwayÐ Union Pacific Railroad CompanyÐ which operates lines in California; and Trackage Rights ExemptionÐCSX Discontinuance of Trackage Rights (e) SWKR Operating Co., which operates Transportation, Inc. and AbandonmentÐIn Natrona and lines in Arizona. 1 Converse Counties, WY CSX Transportation, Inc. (CSXT) has As noted, StatesRail controls agreed to grant overhead trackage rights On July 25, 1997, Union Pacific Kiamichi and would be in control of to Paducah & Louisville Railway (P&L) Railroad Company (UP) filed with the ALA upon its becoming a carrier. between the P&L/CSXT connection at Surface Transportation Board, Kauri states that: (1) The rail lines to Madisonville, KY, at or near milepost Washington, DC 20423, an application be acquired by ALA will not connect OOH 275, and the Providence 1 Mine for permission for the abandonment of with other rail lines under Kauri’s or and Diamond J Mine (Mines) located on and discontinuance of service on a line StatesRail’s control or with any CSXT’s Morganfield Branch, at or near of railroad known as the Casper Branch railroads within their corporate family; mileposts MB 288.8 and MB 294.1, extending from railroad milepost 590.0 (2) the continuance in control is not part respectively, a distance of to the end of the line at milepost 607.8, of a series of anticipated transactions approximately 18.8 miles in Hopkins near Casper (Air Base), a distance of that would connect the railroads with and Webster Counties, KY. 17.8 miles, in Natrona County, WY, and each other or any railroad in the The transaction is scheduled to be for discontinuance of UP’s trackage corporate family; and (3) the transaction consummated on August 8, 1997. rights over The Burlington Northern and does not involve a Class I railroad. The The purpose of the trackage rights is Santa Fe Railway Company trackage transaction therefore is exempt from the to allow P&L to handle movements of from UP milepost 532.5 near Orin to UP prior approval requirements of 49 U.S.C. coal from the Mines to the BRT milepost 600.0 near Casper, a distance 11323. See 49 CFR 1180.2(d)(2). Terminal for blending and for barge of 67.5 miles in Natrona and Converse Under 49 U.S.C. 10502(g), the Board movement beyond to the Gallatin Steam Counties, Wyoming. The line includes may not use its exemption authority to Plant of the Tennessee Valley Authority, the non-agency stations of Strouds at relieve a rail carrier of its statutory and to handle empties via the reverse milepost 595.0, Casper at milepost obligation to protect the interests of its route under contract PAL–C–0761. 599.7, and Air Base at milepost 607.5 employees. Section 11326(c), however, As a condition to this exemption, any and traverses through United States does not provide for labor protection for employees affected by the trackage Postal Service ZIP Codes 82601–82609 transactions under sections 11324 and rights will be protected by the and 82633. 11325 that involve only Class III conditions imposed in Norfolk and The line does contain federally railroad carriers. Because this Western Ry. Co.—Trackage Rights—BN, granted rights-of-way. Any transaction involves Class III rail 354 I.C.C. 605 (1978), as modified in documentation in the railroad’s carriers only, the Board, under the Mendocino Coast Ry., Inc.—Lease and possession will be made available statute, may not impose labor protective Operate, 360 I.C.C. 653 (1980). promptly to those requesting it. The conditions for this transaction. This notice is filed under 49 CFR applicant’s entire case for abandonment If the verified notice contains false or 1180.2(d)(7). If it contains false or and discontinuance was filed with the misleading information, the exemption misleading information, the exemption application. is void ab initio. Petitions to revoke the is void ab initio. Petitions to revoke the This line of railroad has appeared on exemption under 49 U.S.C. 10502(d) exemption under 49 U.S.C. 10502(d) the applicant’s system diagram map or may be filed at any time. The filing of may be filed at any time. The filing of has been included in its narrative in a petition to revoke will not a petition to revoke will not category 1 since August 1, 1992. automatically stay the transaction. automatically stay the transaction. The interest of railroad employees will be protected by the conditions in An original and 10 copies of all An original and 10 copies of all Oregon Short Line R. Co.— pleadings, referring to STB Finance pleadings, referring to STB Finance Abandonment—Goshen, 360 I.C.C. 91 Docket No. 33439, must be filed with Docket No. 33432, must be filed with (1979). the Surface Transportation Board, Office the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 Any interested person may file with of the Secretary, Case Control Unit, 1925 the Surface Transportation Board K Street, N.W., Washington, DC 20423. K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each written comments concerning the In addition, a copy of each pleading proposed abandonment and must be served on Fritz Kahn, Suite 750 pleading must be served on (1) J. Thomas Garrett, Esq., Paducah & discontinuance or protests (including West, 1100 New York Avenue, N.W., the protestant’s entire opposition case), Washington, DC 20005–3934. Louisville Railway, 1500 Kentucky Avenue, Paducah, KY 42003, and (2) by September 8, 1997. All interested Decided: August 5, 1997. Fred R. Birkholz, Esq., CSX persons should be aware that following By the Board, David M. Konschnik, Transportation, Inc., 500 Water Street, any abandonment of rail service and Director, Office of Proceedings. J–150, Jacksonville, FL 32202. salvage of the line, the line may be Vernon A. Williams, suitable for other public use, including Decided: August 5, 1997. Secretary. interim trail use. Any request for a By the Board, David M. Konschnik, public use condition under 49 U.S.C. [FR Doc. 97–21550 Filed 8–13–97; 8:45 am] Director, Office of Proceedings. BILLING CODE 4915±00±P 10905 (§ 1152.28 of the Board’s rules) Vernon A. Williams, and any request for a trail use condition Secretary. 1 See StatesRail, Inc.—Acquisition of Control under 16 U.S.C. 1247(d) (§ 1152.29 of Exemption—Kyle Railways, Inc., STB Finance [FR Doc. 97–21549 Filed 8–13–97; 8:45 am] the Board’s rules) must be filed by Docket No. 33340 (STB served Apr. 17. 1997). BILLING CODE 4915±00±P September 8, 1997. Persons who may