5906 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices

An original and 10 copies of all Company/Allentown Lines, Inc. By the Board, David M. Konschnik, pleadings, referring to STB Finance (Allentown Lines), and R.J. Corman Director, Office of Proceedings. Docket No. 34772, must be filed with Railroad Company/Central Kentucky Vernon A. Williams, the Surface Transportation Board, 1925 Lines, LLC (Central Kentucky Lines). Secretary. K Street, NW., Washington, DC 20423– Corman also owns R.J. Corman Railroad [FR Doc. E6–1489 Filed 2–2–06; 8:45 am] 0001. In addition, one copy of each Property, LLC (RJRP), a Class III non- BILLING CODE 4915–01–P pleading must be served on Ronald A. operating rail carrier, and owns a Lane, Fletcher & Sippel LLC, 29 North controlling interest in the Clearfield & Wacker Drive, Suite 920, Chicago, IL Mahoning Railway Company (CMRC), DEPARTMENT OF TRANSPORTATION 60606–2832. also a Class III rail carrier. Board decisions and notices are Surface Transportation Board available on our Web site at http:// Applicants state that: (1) The rail lines www.stb.dot.gov. operated by Pennsylvania Lines, [STB Finance Docket No. 34823] Decided: January 30, 2006. Memphis Line, Western Ohio Line, The Kansas City Southern Railway By the Board, David M. Konschnik, Cleveland Line, Bardstown Line, Company—Trackage Rights Director, Office of Proceedings. Allentown Lines, Central Kentucky Exemption—Meridian Speedway LLC Vernon A. Williams, Lines, RJRP, and CMRC do not connect Secretary. with the rail line being leased by RJCK; Meridian Speedway LLC (MSLLC) has agreed to grant local and overhead [FR Doc. E6–1488 Filed 2–2–06; 8:45 am] (2) the continuance in control is not part trackage rights to The Kansas City BILLING CODE 4915–01–P of a series of anticipated transactions that would connect the rail line being Southern Railway Company (KCSR) 1 to leased by RJCK with any railroad in the permit KCSR to operate over a line of 2 DEPARTMENT OF TRANSPORTATION Corman corporate family; and (3) the railroad being transferred to MSLLC. transaction does not involve a Class I The trackage rights extend over this line Surface Transportation Board between milepost 0.0 at Meridian, MS, rail carrier. Therefore, the transaction is ± exempt from the prior approval and milepost 95.26 at Jackson, MS, [STB Finance Docket No. 34775] and between milepost 95.7 ± at Jackson, requirements of 49 U.S.C. 11323. See 49 MS, and milepost V–169.85 ± at Richard J. Corman and R.J. Corman CFR 1180.2(d)(2). The purpose of the Railroad Group, LLC—Continuance in Shreveport, LA, a total distance of transaction is to allow Corman and 3 Control; Exemption—R.J. Corman approximately 320 miles. Group to continue in control of RJCK KCSR had intended to consummate Railroad Company/Tennessee after RJCK becomes a Class III rail Terminal, LLC the transaction on the later of two dates, carrier. January 24, 2006, or when the Richard J. Corman (Corman) and R.J. Under 49 U.S.C. 10502(g), the Board transaction described in STB Finance Corman Railroad Group, LLC (Group) may not use its exemption authority to Docket No. 34822 is consummated. (collectively applicants), have filed a relieve a rail carrier of its statutory However, by decision served on January verified notice of exemption to continue obligation to protect the interests of its 23, 2006, the effective date of the three in control of R.J. Corman Railroad employees. Section 11326(c), however, exemptions was stayed, at the joint Company/Tennessee Terminal, LLC does not provide for labor protection for request of CN, NSR, KCS, KCSR, and (RJCK), upon RJCK’s becoming a Class transactions under section 11324 and MSLLC, until February 23, 2006. 1 III rail carrier. 11325 that involve only Class III rail Accordingly, consummation of the The transaction was scheduled to be carriers. Accordingly, the Board may not transaction cannot occur until February consummated on January 15, 2006. 23, at the earliest. This transaction is related to the impose labor protective conditions here, because all of the carriers involved are concurrently filed verified notice of 1 A redacted version of the trackage rights exemption in STB Finance Docket No. Class III carriers. agreement was filed with the notice of exemption. 34772, R.J. Corman Railroad Company/ If the verified notice contains false or The full version of the agreement, as required by Tennessee Terminal, LLC—Lease and 49 CFR 1180.6(a)(7)(ii), was filed under seal along misleading information, the exemption with a motion for a protective order. Operation Exemption—BNSF Railway is void ab initio. Petitions to revoke the 2 KCSR’s verified notice of exemption is related Company. In that proceeding, RJCK exemption under 49 U.S.C. 10502(d) to two other verified notices of exemption filed on seeks to acquire by lease from BNSF may be filed at any time. The filing of January 17, 2006. In STB Finance Docket No. 34822, Railway Company (BNSF) and operate Kansas City Southern (KCS), KCSR, and MSLLC a petition to revoke will not have filed a notice of exemption relating to an intra- approximately 46.7 miles of rail lines in automatically stay the transaction. corporate family transaction pursuant to which Shelby County, TN, and DeSoto County, An original and 10 copies of all KCSR will transfer its line between Meridian, MS, MS. and Shreveport, LA, to MSLLC, KCS will continue Group controls seven Class III rail pleadings, referring to STB Finance in control of MSLLC (which will become a carrier carriers: R.J. Corman Railroad Company/ Docket No. 34775, must be filed with upon acquiring the line), and KCSR will contract the Surface Transportation Board, 1925 with MSLLC to operate the transferred line on Pennsylvania Lines Inc. (Pennsylvania MSLLC’s behalf. In STB Finance Docket No. 34821, Lines), R.J. Corman Railroad Company/ K Street, NW., Washington, DC 20423– Norfolk Southern Railway Company (NSR) has filed Memphis Line (Memphis Line), R.J. 0001. In addition, one copy of each a notice of exemption to acquire trackage rights over Corman Railroad Company/Western pleading must be served on Ronald A. the line to be transferred to MSLLC in STB Finance Lane, Fletcher & Sippel LLC, 29 North Docket No. 34822. Ohio Line (Western Ohio Line), R.J. 3 KCSR currently operates via trackage rights over Corman Railroad Company/Cleveland Wacker Drive, Suite 920, Chicago, IL the approximately four-tenths of a mile section of Line (Cleveland Line), R.J. Corman 60606–2832. track in Jackson, MS, connecting these two line Railroad Company/Bardstown Line segments. That section of track is controlled by Board decisions and notices are Canadian National Railway Company (CN) as (Bardstown Line), R.J. Corman Railroad available on our Web site at http:// successor to Illinois Central Railroad Company (IC) www.stb.dot.gov. pursuant to a trackage rights agreement dated 1 Group, a noncarrier holding company, is owned March 26, 1986, between MidSouth Rail by Corman and directly controls JCK. Decided: January 30, 2006. Corporation and IC.

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KCSR will use the trackage rights to DEPARTMENT OF TRANSPORTATION 2006. Accordingly, consummation of continue to provide local rail service to the transaction cannot occur until shippers located on the line once Surface Transportation Board February 23, at the earliest. And NSR ownership of the line has transferred [STB Finance Docket No. 34821] has agreed to exercise the instant from KCSR to MSLLC. In addition, the trackage rights only in the event of trackage rights will allow KCSR to Norfolk Southern Railway Company— certain occurrences described in the transport goods to and from shippers Trackage Rights Exemption—Meridian agreement attached to the notice. and other rail carriers between Speedway LLC—Between Meridian, MS NSR will use the trackage rights for Shreveport, LA, and Meridian, MS. This and Shreveport, LA the overhead movement between transaction and the transactions covered Meridian, MS, and Shreveport, LA, of by the other two notices of exemption Meridian Speedway LLC (MSLLC) has agreed to grant overhead trackage rights trains handling certain categories of are part of a joint-venture between KCS intermodal traffic. This transaction and and NSR to share and upgrade the to Norfolk Southern Railway Company (NSR) 1 to permit NSR to operate over a the transactions described in the two instant line, a segment of a longer line related notices of exemption are part of located between Meridian, MS, and line of railroad being transferred to MSLLC.2 The trackage rights extend a joint-venture between KCS and NSR to Dallas, TX. over this line between milepost 0.0 at share and upgrade this portion of the As a condition to this exemption, any Meridian, MS, and milepost 95.26 ± at Meridian Speedway, a line running employees affected by the trackage Jackson, MS, and between milepost 95.7 between Meridian, MS, and Dallas, TX. rights will be protected by the ± at Jackson, MS, and milepost V– As a condition to this exemption, any conditions imposed in Norfolk and 169.85 ± at Shreveport, LA, a total employees affected by the trackage Western Ry. Co.—Trackage Rights—BN, distance of approximately 320 miles.3 rights will be protected by the 354 I.C.C. 605 (1978), as modified in NSR had intended to consummate the conditions imposed in Norfolk and Mendocino Coast Ry., Inc.—Lease and transaction on the later of two dates, Western Ry. Co.—Trackage Rights—BN, Operate, 360 I.C.C. 653 (1980). January 24, 2006, or when the 354 I.C.C. 605 (1978), as modified in This notice is filed under 49 CFR transactions described in the two related Mendocino Coast Ry., Inc.—Lease and 1180.2(d)(7). If it contains false or verified notices of exemption are Operate, 360 I.C.C. 653 (1980). misleading information, the exemption consummated. However, by decision This notice is filed under 49 CFR is void ab initio. Petitions to revoke the served on January 23, 2006, the effective 1180.2(d)(7). If it contains false or exemption under 49 U.S.C. 10502(d) date of the three exemptions was stayed, misleading information, the exemption may be filed at any time. The filing of at the joint request of CN, NSR, KCS, is void ab initio. Petitions to revoke the a petition to revoke will not KCSR, and MSLLC, until February 23, exemption under 49 U.S.C. 10502(d) automatically stay the transaction. may be filed at any time. The filing of 1 A redacted version of the trackage rights a petition to revoke will not An original and 10 copies of all agreement was filed with the notice of exemption. automatically stay the transaction. pleadings, referring to STB Finance The full version of the agreement, as required by Docket No. 34823, must be filed with 49 CFR 1180.6(a)(7)(ii), was filed under seal along An original and 10 copies of all with a motion for a protective order. the Surface Transportation Board, 1925 pleadings, referring to STB Finance 2 NSR’s verified notice of exemption is related to Docket No. 34821, must be filed with K Street, NW., Washington, DC 20423– two other verified notices of exemption filed on 0001. In addition, a copy of each January 17, 2006. In STB Finance Docket No. 34822, the Surface Transportation Board, 1925 pleading must be served on: (1) Robert Kansas City Southern (KCS), Kansas City Southern K Street, NW., Washington, DC 20423– Railway Company (KCSR), and MSLLC have filed B. Terry, The Kansas City Southern 0001. In addition, a copy of each a notice of exemption relating to an intra-corporate pleading must be served on: (1) G. Paul Railway Company, P.O. Box 219335, family transaction pursuant to which KCSR will Kansas City, MO 64121–9335; and (2) transfer its line between Meridian, MS, and Moates, Sidley Austin, LLP, 1501 K William A Mullins, Baker & Miller Shreveport, LA, to MSLLC, KCS will continue in Street, NW., Washington, DC 20005; and control of MSLLC (which will become a carrier PLLC, 2401 Pennsylvania Avenue, NW., (2) James A. Squires, Norfolk Southern upon acquiring the line), and KCSR will contract Corporation, Three Commercial Place, Suite 300, Washington, DC 20037. with MSLLC to operate the transferred line on Norfolk, VA 23510–9241. Board decisions and notices are MSLLC’s behalf. In STB Finance Docket No. 34823, KCSR has filed a notice of exemption to acquire Board decisions and notices are available on our Web site at http:// trackage rights over the line to be transferred to available on our Web site at http:// www.stb.dot.gov. MSLLC in STB Finance Docket No. 34822. 3 The track segment between milepost 95.26 and www.stb.dot.gov. Decided: January 27, 2006. milepost 95.7 at Jackson, MS, is owned by Canadian Decided: January 27, 2006. By the Board, David M. Konschnik, National Railway Company (CN). KCSR operates By the Board, David M. Konschnik, Director, Office of Proceedings. over the CN-owned segment pursuant to a trackage Director, Office of Proceedings. rights agreement. While NSR will seek to negotiate Vernon A. Williams, a trackage rights agreement with CN for that Vernon A. Williams, Secretary. segment as well, KCSR will provide haulage service Secretary. for NSR over the CN-owned segment should NSR [FR Doc. 06–963 Filed 2–2–06; 8:45 am] exercise the trackage rights under this notice in the [FR Doc. 06–962 Filed 2–2–06; 8:45 am] BILLING CODE 4915–01–P interim. BILLING CODE 4915–01–P

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