Federal Register/Vol. 68, No. 14/Wednesday, January 22, 2003/Notices
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Federal Register / Vol. 68, No. 14 / Wednesday, January 22, 2003 / Notices 3093 DEPARTMENT OF TRANSPORTATION This is a transaction within a NH, and milepost 111.56 in Gilman, in corporate family of the type specifically Essex County, VT (the Line). Surface Transportation Board exempted from prior review and According to the State, the Lamoille [STB Finance Docket No. 34306] approval under 49 CFR 1180.2(d)(3). Valley Railroad Company (LVRC) and The parties state that the transaction the Twin State Railroad Corporation K. Earl Durden, Rail Management will not result in adverse changes in (TSR) currently lease the Line, but have Corporation, and Rail Partners, L.P.— service levels, significant operational not provided service over it since Corporate Family Transaction changes, or a change in the competitive October 1999. The State claims that Exemption balance with carriers outside applicants’ LVRC and TRS have not maintained the corporate family. Line in anticipation of providing service K. Earl Durden (Durden), Rail Under 49 U.S.C. 10502(g), the Board or in compliance with applicable laws. Management Corporation (RMC),1 and may not use its exemption authority to The State will acquire the Line subject Rail Partners, L.P. (Rail Partners) 2 relieve a rail carrier of its statutory to LVRC and TSR retaining their (collectively, applicants), have filed a obligation to protect the interests of its operating rights on it, but the State will verified notice of exemption under 49 employees. Section 11326(c), however, likely seek to obtain a new operator to CFR 1180.2(d)(3) to undertake a does not provide for labor protection for perform common carrier service on the corporate reorganization to simplify transactions under sections 11324–25 Line. their corporate structure by: (1) merging that involve only Class III rail carriers. Consummation of this transaction was Galveston Railway, Inc. (GRI), into Because this transaction involves Class scheduled to occur on or after December RMC, and (2) dissolving Emerald Coast III rail carriers only, the Board, under 30, 2002. Investments, L.L.C. (Emerald Coast) and the statute, may not impose labor If the notice contains false or distributing its assets among its various protective conditions for this misleading information, the exemption members. transaction. is void ab initio. Petitions to revoke the The transaction was expected to be If the verified notice contains false or exemption under 49 U.S.C. 10502(d) consummated on or after December 30, misleading information, the exemption may be filed at any time. The filing of 2002, the effective date of the exemption is void ab initio. Petitions to revoke the a petition to revoke will not (7 days after the notice was filed). exemption under 49 U.S.C. 10502(d) automatically stay the transaction. At the time this notice was filed, may be filed at any time. The filing of An original and 10 copies of all applicants controlled 14 Class III rail a petition to revoke will not stay the pleadings, referring to STB Finance carriers located in Alabama, Arizona, transaction. Docket No. 34307, must be filed with Arkansas, Florida, Georgia, Kentucky, An original and 10 copies of all the Surface Transportation Board, 1925 North Carolina, Tennessee, Texas, and pleadings, referring to STB Finance K Street, NW, Washington, DC 20423– Wisconsin. They are: AN Railway, Docket No. 34306, must be filed with 0001. In addition, a copy of each L.L.C.; Atlantic & Western Railway, L.P.; the Surface Transportation Board, 1925 pleading must be served on Craig S. The Bay Line Railroad, L.L.C. (Bay K Street, NW., Washington, DC 20423– Donais, Esquire, Transportation & Line); Copper Basin Railway (Copper 0001. In addition, a copy of each Construction Bureau, New Hampshire Basin); East Tennessee Railway, L.P.; pleading must be served on: Donald G. Department of Justice, Office of the Galveston Railroad, L.P.; Georgia Avery, 1224 17th Street, NW., Attorney General, 33 Capitol Street, Central Railway, L.P.; KWT Railway, Washington, DC 20036. Concord, NH 03301–6397. Inc. (KWT); Little Rock & Western Board decisions and notices are Board decisions and notices are Railway, L.P.; M&B Railroad, L.L.C.; available on our Web site at available on our Web site at ‘‘http:// Tomahawk Railway, L.P.; Valdosta www.stb.dot.gov. www.stb.dot.gov.’’ Railway, L.P.; Western Kentucky Decided: January 15, 2003. Decided: January 15, 2003. Railway, L.L.C. (Western Kentucky); and By the Board, David M. Konschnik, By the Board, David M. Konschnik, Wilmington Terminal Railroad, L.P. Director, Office of Proceedings. Director, Office of Proceedings. These rail carriers are referred to as the Vernon A. Williams, Vernon A. Williams, RMC Rail Group. Applicants state that, Secretary. Secretary. in most cases, RMC is the general or [FR Doc. 03–1336 Filed 1–21–03; 8:45 am] [FR Doc. 03–1337 Filed 1–21–03; 8:45 am] managing partner of the railroad, BILLING CODE 4915–00–P BILLING CODE 4915–00–P holding a 1% interest, while Rail Partners is a limited partner holding the remaining 99% interest.3 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION 1 RMC is a noncarrier holding company which is Surface Transportation Board Surface Transportation Board controlled by Durden. RMC’s former corporate name was Rail Management and Consulting [STB Finance Docket No. 34307] [STB Finance Docket No. 34272] Corporation. 2 Rail Partners is a noncarrier limited partnership. State of New Hampshire Department of North Carolina & Virginia Railroad, Durden, through RMC and four other entities that Transportation—Acquisition and Inc.—Lease and Operation Exemption- he controls, also controls Rail Partners. Operation Exemption—Certain Assets Norfolk Southern Railway Company Additionally, Durden controls two trusts that, with of Maine Central Railroad Company RMC, control Emerald Coast. Durden separately North Carolina & Virginia Railroad, controls noncarrier GRI. GRI, Emerald, and RMC in The State of New Hampshire, Inc., the Chesapeake & Albemarle turn control Rail Partners. 3 Four exceptions apply: KWT, in which GRI Department of Transportation (the Division (NCVA), a Class III rail carrier, controls 100% of the voting stock; Bay Line and State), has filed a verified notice of has filed a verified notice of exemption Western Kentucky, in which Rail Partners holds exemption under 49 CFR 1150.31 to under CFR 1150.41 to lease and operate 97% of the voting stock and 3% is held by RMC, acquire from the Maine Central Railroad a 4-mile rail line from Norfolk Southern Durden, and Durden-controlled entities; and Copper Basin, in which Rail Partners holds 55% of Company a 8.36-mile portion of a line Railway Company extending between the voting stock and Asarco, Inc., an unaffiliated of railroad extending between milepost milepost NS 4.0 at Chesapeake, VA, and entity, holds the minority 45% interest. P–103.20 in Whitefield, in Coos County, milepost NS 8.0 at Butts, VA. VerDate Dec<13>2002 17:17 Jan 21, 2003 Jkt 200001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1.