Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 2295
is designed to provide insight on safety Issued on: January 10, 2006. transactions under sections 11324 and
and security research, technology and Annette M. Sandberg, 11325 that involve only Class III rail
analysis accomplishments that support Administrator. carriers. Accordingly, the Board may not
FMCSA’s mission to reduce the number [FR Doc. E6–344 Filed 1–12–06; 8:45 am] impose labor protective conditions here,
and severity of commercial motor BILLING CODE 4910–EX–P
because all of the carriers involved are
vehicle (CMV) crashes and fatalities and Class III carriers.
enhance efficiency of CMV operations. If the verified notice contains false or
The forum topics will include a DEPARTMENT OF TRANSPORTATION misleading information, the exemption
conference report on the 2005 is void ab initio. Petitions to revoke the
International Conference on Fatigue Surface Transportation Board exemption under 49 U.S.C. 10502(d)
Management in Transportation may be filed at any time. The filing of
[STB Finance Docket No. 34809]
Operations; updated FMCSA activities a petition to revoke will not
in the hazardous materials area; and Gregory B. Cundiff, Connie Cundiff, automatically stay the transaction.
accomplishments to date on medical CGX, Inc., and Ironhorse Resources, An original and 10 copies of all
qualifications, driver health and Inc.—Control Exemption—Caney Fork pleadings, referring to STB Finance
medical reporting initiatives. Panelists and Western RR, Inc. Docket No. 34809, must be filed with
will also cover the latest results of the the Surface Transportation Board, 1925
Large Truck Crash Causation Study; a Gregory B. Cundiff and Connie K Street, NW., Washington, DC 20423–
report on public input on FMCSA’s Cundiff (together, Cundiffs), CGX, Inc. 0001. In addition, a copy of each
notice requesting information on its (CGX), and Ironhorse Resources, Inc. pleading must be served on Thomas F.
Wireless Inspection Program; results of (Ironhorse), noncarriers (together, McFarland, Thomas F. McFarland, P.C.,
the field operational test on Lane Applicants), have filed a verified notice 208 South LaSalle Street, Suite 1890,
Departure Warning Systems and of exemption to acquire control of Chicago, IL 60604–1112.
Deployment of On-Board Safety Caney Fork and Western RR, Inc. Board decisions and notices are
Systems; and what progress has been (CFWR), a Class III railroad.1 CFWR available on our Web site at http://
made on improving Data Quality. A operates in Tennessee. www.stp.dot.gov.
portion of the forum will be set aside for The transaction was expected to be
Decided: January 5, 2006.
attendees to dialogue with FMCSA consummated on or after December 23,
2005. By the Board, David M. Konschnik,
subject-matter experts through an open Director, Office of Proceedings.
question and answer session. The Cundiffs directly control CGX,
which in turn directly controls Vernon A. Williams,
DATES: The R&A Forum will be held on
Ironhorse. CGX directly controls three Secretary.
Sunday, January 22, 2006, from 8:30
Class III rail carriers: Mississippi [FR Doc. 06–235 Filed 1–12–06; 8:45 am]
a.m. to 12:30 p.m. Registration will
begin at 8 a.m. Tennessee Holdings, LLC; Lone Star BILLING CODE 4915–01–P
ADDRESSES: The R&A Forum will take
Railroad, Inc.; and Rio Valley Railroad,
place at the Marriott Wardman Park Inc. Ironhorse directly controls four
Class III rail carriers: Mississippi DEPARTMENT OF TRANSPORTATION
Hotel, Salon III, 2660 Woodley Road,
NW., Washington, DC 20008. Tennessee Railroad, LLC; Railroad
Switching Service of Missouri; Rio Surface Transportation Board
Registration: This forum is listed as a
session in the TRB 85th Annual Meeting Valley Switching Company; and [STB Finance Docket No. 34783]
Program and all registrants are welcome Southern Switching Company.
to attend. TRB registration is not Applicants state that: (1) The rail lines The Indiana Rail Road Company—
required to attend the forum and it is operated by CFWR, and by rail carriers Acquisition—Soo Line Railroad
open to the public at no cost. To attend controlled by CGX and Ironhorse do not Company
the forum only, send an email to connect with each other or any railroad
in their corporate family; (2) the AGENCY: Surface Transportation Board,
Information about registration for the transaction is not part of a series of
anticipated transactions that would ACTION: Decision No. 2 in STB Finance
TRB Annual Meeting will be available at
connect the railroads with each other or Docket No. 34783; Notice of Acceptance
any railroad in their corporate family; of Application; Issuance of Procedural
FOR FURTHER INFORMATION CONTACT: Mr.
and (3) the transaction does not involve Schedule.
Albert Alvarez, Office of Research and
Analysis (MC–RRR), Federal Motor a Class I carrier. Therefore, the
SUMMARY: The Surface Transportation
Carrier Safety Administration, 400 transaction is exempt from the prior
Board (Board) is accepting for
Virginia Avenue, SW., Washington, DC approval requirements of 49 U.S.C.
consideration the application filed
20024. Telephone (202) 385–2387 or e- 11323. See 49 CFR 1180.2(d)(2).
December 15, 2005, by The Indiana Rail
mail email@example.com. The purpose of this transaction is to
Road Company (INRD) and Soo Line
Office hours are from 8 a.m. to 4:30 make the efficiencies and economies of
Railroad Company (Soo). The
p.m., E.S.T., Monday through Friday, the Applicants’ corporate structure
application seeks Board approval under
except Federal holidays. available to CFWR.
Under 49 U.S.C. 10502(g), the Board 49 U.S.C. 11323–26 for INRD’s
SUPPLEMENTARY INFORMATION: Forum acquisition of (a) Soo’s Latta
may not use its exemption authority to
attendees will receive an information relieve a rail carrier of its statutory Subdivision, a 92.3-mile railroad line
packet on current R&A programs. While obligation to protect the interests of its extending from milepost 170.1 at
hsrobinson on PROD1PC70 with NOTICES
the forum is open to the public, it will employees. Section 11326(c), however, Fayette, IN, to milepost 262.4 at
be limited to space available. does not provide for labor protection for Bedford, IN, (b) certain overhead
Individuals requiring special needs/ trackage rights currently held by Soo
accommodations (sign, reader, etc.), 1 The Cundiffs will acquire CFWR pursuant to between Chicago, IL, and Terre Haute,
please call Joanice Cole at (202) 334– their acquiring a controlling interest in CFWR’s IN, and between Bedford, IN, and
2287, or e-mail firstname.lastname@example.org. stock. Louisville, KY, and (c) certain ancillary
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
2296 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices
trackage rights. This proposal is referred Seventh Street, SW., Washington, DC generated primarily (i) from coal moves
to as the Transaction, and INRD and Soo 20590; (2) Attorney General of the to Indianapolis Power & Light’s (IP&L)
are referred to collectively as applicants. United States, c/o Assistant Attorney Harding Street power plant at
The Board finds that the Transaction General, Antitrust Division, Room 3109, Indianapolis, IN, to Ameren’s power
is a ‘‘minor transaction’’ under 49 CFR Department of Justice, Washington, DC plant at Lis, IL, and to Hoosier Energy’s
1180.2(c), and the Board adopts a 20530; (3) John Broadley (representing power plant at Merom, IN, and (ii) from
procedural schedule for consideration of INRD), John H. Broadley & Associates, chemical, plastics, and petroleum
the primary application and the related P.C., 1054 31st Street, NW., Suite 200, feedstock movements to and from plants
filings, under which the Board’s final Washington, DC 20007; (4) Terence M. in Robinson, IL. INRD reports that, by
decision would be issued on April 24, Hynes (representing Soo), Sidley Austin the end of 2005, its revenues will have
2006. Brown & Wood, 1501 K Street, NW., exceeded the threshold for Class II
DATES: The effective date of this Washington, DC 20005; and (5) any carrier status for 3 consecutive years;
decision is January 13, 2006. Any other person designated as a POR on the accordingly, in January 2006, INRD will
person who wishes to participate in this service list notice (as explained below, be reclassified as a Class II carrier under
proceeding as a party of record (POR) the service list notice will be issued as the Board’s regulations.
must file, no later than January 27, 2006, soon after January 27, 2006, as CSX Transportation, Inc. (CSXT)
a notice of intent to participate. All practicable). currently owns 85% of the common
comments, protests, requests for FOR FURTHER INFORMATION CONTACT: Julia stock of Midland United,5 which in turn
conditions, and any other evidence and M. Farr, (202) 565–1655. [Assistance for owns 100% of the common stock of
argument in opposition to the primary the hearing impaired is available INRD. Thomas G. Hoback, president of
application or either of the related through the Federal Information Relay INRD and of Midland United, owns the
filings, including filings by the U.S. Service (FIRS) at 1–800–877–8339.] remaining 15% of Midland United’s
Department of Justice (DOJ) and the U.S. SUPPLEMENTARY INFORMATION: Soo, a common stock. The applicants submit
Department of Transportation (DOT), Class I railroad,2 is a Minnesota that, at the time CSXT acquired control
must be filed by February 21, 2006. Corporation that operates approximately of INRD, it was contemplated that INRD
Responses to comments, protests, 3,500 miles of track in the States of would remain a separate short line or
requests for conditions, and other Illinois, Indiana, Kentucky, Michigan, regional railroad and would not be
opposition, and rebuttal in support of Minnesota, North Dakota, South Dakota, functionally integrated into CSXT. The
the primary application or either of the and Wisconsin. Soo is a wholly owned applicants state that this approach has
related filings must be filed by March 8, subsidiary of Canadian Pacific Railway been followed, and INRD retains its
2006. If a public hearing or oral Company (CPRC).3 CPRC is a Canadian separate engineering, operating,
argument is held, it will be held the corporation whose stock is publicly mechanical, marketing, accounting and
week of March 20, 2006. The Board will held and traded on the New York and labor relations functions.
issue its final decision on April 24, Toronto stock exchanges. Soo acquired The Transaction for which the
2006.1 For further information its Chicago-Louisville line on February applicants seek approval consists of
respecting dates, see Appendix A 20, 1985, as part of its purchase of the INRD’s: (a) Purchase of Soo’s Latta
(Procedural Schedule). core rail system of the bankrupt Subdivision; (b) acquisition by
ADDRESSES: Any filing submitted in this Chicago, Milwaukee, St. Paul and assignment of all of Soo’s right, title and
proceeding must be submitted either via Pacific Railroad Company interest in and to the Main Line
the Board’s e-filing format or in the (Milwaukee).4 Trackage Rights; and (c) acquisition by
traditional paper format. Any person INRD currently owns and operates a assignment of all of Soo’s right, title and
using e-filing should comply with the line of railroad running between interest in and to the Ancillary Trackage
instructions found on the Board’s Web Indianapolis, IN, and Newton, IL, a total Rights. Collectively, the Latta
site at http://www.stb.dot.gov at the ‘‘E- distance of 155 miles. This line Subdivision, the Main Line Trackage
FILING’’ link. Any person submitting a intersects Soo’s Chicago-Louisville line Rights, and the Ancillary Trackage
filing in the traditional paper format at Linton, IN. INRD was formed in 1986 Rights are referred to herein as the
should send an original and 10 paper and has built its traffic base from Acquired Lines.
copies of the filing (and also an IBM- approximately 12,000 carloads in its The Latta Subdivision. The Latta
compatible floppy disk with any textual first full year of operation, to 105,810 Subdivision extends from milepost
submission in any version of either carloads in 2004. INRD’s revenues are 170.1 at Fayette, IN, to milepost 262.4
Microsoft Word or WordPerfect) to: at Bedford, IN, a distance of 92.3 miles.
Surface Transportation Board, 1925 K 2 The Board’s regulations divide railroads into The Latta Subdivision includes the Latta
Street, NW., Washington, DC 20423– three classes based on annual carrier operating Branch, which runs westerly from the
0001. In addition, one copy of each revenues. Class I railroads are those with annual main line of the Latta Subdivision for
carrier operating revenues of $250 million or more
filing in this proceeding must be sent (in 1991 dollars); Class II railroads are those with approximately 8.5 miles, commencing at
(and may be sent by e-mail only if annual carrier operating revenues of more than $20 approximately milepost 204.3 on the
service by e-mail is acceptable to the million but less than $250 million (in 1991 dollars); Latta Subdivison. The Latta Subdivision
recipient) to each of the following: (1) and Class III railroads are those with annual carrier also includes Soo’s Latta Yard and the
operating revenues of $20 million or less (in 1991
Secretary of the United States dollars). See 49 CFR Part 1201, General Instruction shop facilities located there, as well as
Department of Transportation, 400 1–1(a). various side tracks, spur tracks,
3 Soo, its parent, CPRC, and its affiliate, Delaware connections and other related rail
1 Under 49 U.S.C. 11325(d)(2), the Board must and Hudson Railway Company, Inc., collectively do properties.
business under the name ‘‘Canadian Pacific
hsrobinson on PROD1PC70 with NOTICES
conclude any evidentiary proceedings by the 105th The Main Line Trackage Rights. The
day after the publication of the notice and must Railway.’’
issue a final decision by the 45th day after 4 See Milwaukee—Reorganization—Acquisition Main Line Trackage Rights to be
conclusion of the evidentiary proceeding. While the by GTC, 2 I.C.C.2d 161 (1984); Milwaukee—
Board will attempt to meet the applicants’ Reorganization—Acquisition by GTC, 2 I.C.C.2d 427 5 See CSX Corporation and CSX Transportation,
accelerated schedule, the Board will take the full (1985); aff’d sub nom. In the Matter of Chicago, Inc.—Control—The Indiana Rail Road Company,
statutory time allotted to issue a final decision if Milwaukee, St. Paul and Pacific Railroad, Debtor, STB Finance Docket No. 32892 (STB served Nov.
necessary. 799 F.2d 317 (7th Cir. 1986). 7, 1996).
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 2297
assigned to INRD consist of the dated April 15, 1993, a distance of 19.6 Public Interest Considerations.
following: miles. The agreement is assignable Applicants assert that, if approved, the
(i) Overhead trackage to operate over without ISRR’s consent in connection Transaction would promote inter- and
and use certain trackage of Union with a sale of all or substantially all of intramodal competition and would not
Pacific Railroad Company (UP) between Soo’s interest in its line between Terre result in any lessening of competition,
80th Street, Chicago, and Dolton Haute and Bedford; creation of a monopoly, or restraint of
Junction, IL, on terms established (ii) Overhead trackage rights to trade in freight surface transportation in
pursuant to the trackage rights operate over and use certain trackage of any region of the United States.
agreement between Soo and Missouri ISRR from Beehunter, IN, to Sandborn, Specifically, applicants assert that the
Pacific Railroad Company, dated August IN, on terms established by the Transaction would produce significant
23, 1995, as amended, a distance of 8.32 agreement between Consolidated Rail operating efficiencies and service
miles. The trackage rights are assignable Corporation (Conrail) and Milwaukee, improvements. Currently, INRD and
with the consent of UP, which should dated June 28, 1985, as amended, a Soo’s lines intersect at Linton, IN.
not be unreasonably withheld; distance of 6.12 miles. ISRR’s consent is Under an interchange agreement, Soo
(ii) Overhead trackage rights to required for the assignment of the currently interchanges a substantial
operate over and use certain trackage of trackage rights except in connection amount of coal traffic originating on the
CSXT and UP from Dolton Junction, IL, with the sale or assignment of all or Latta Subdivision with INRD.
to Woodland Junction, IN, on terms substantially all of Soo’s properties; and Combining the Acquired Lines with
established by the agreement between (iii) The option to acquire trackage INRD’s existing system would allow for
Soo and CSXT, dated November 23, rights under specified conditions on greater operating efficiencies than those
1988, as amended, a distance of 65.7 ISRR’s line between Elnora, IN, and made possible by the current INRD-Soo
miles.6 The trackage rights are Evansville, IN, on terms established by interchange agreement.
assignable with the consent of CSXT; the agreement between Soo and ISRR, INRD states that it would be able to
(iii) Overhead trackage rights to dated April 15, 1993, whereby Soo operate more efficiently on the Acquired
operate over and use certain trackage of obtained the option to acquire such Lines and on its existing lines by
CSXT from Woodland Junction, IN, to trackage rights in exchange for ISRR’s making Soo’s Latta Yard, which is
Terre Haute, IN, as established by the receipt of trackage rights over Soo’s line located close to the geographic center of
agreement between Soo and CSXT, between Beehunter, IN, and Elnora, IN. the Acquired Lines and INRD’s existing
dated November 23, 1988, as amended, The applicants are in the process of system, the central hub of the combined
a distance of 99.6 miles. The trackage obtaining consents for the assignments system. INRD’s operating plan
rights are assignable with the consent of where required and anticipate receiving contemplates that trains would operate
CSXT; them prior to the closing of the between Latta Yard, on one hand, and
(iv) Overhead trackage rights to Transaction. Indianapolis, IN, Louisville, KY,
operate over and use certain trackage of In addition, INRD and Soo have Palestine, IL, and Terre Haute, IN, on
CSXT from Bedford, IN, to New Albany, entered into three agreements dealing the other hand. Blocks of cars would be
IN, on terms established by the with their future relationship: (1) The swapped between trains at Latta Yard
agreement between Louisville & ‘‘Power Run Through Agreement,’’ into a simple hub and spoke approach.
Nashville Railroad Company (L&N) and which establishes terms under which This approach, INRD believes, would
Milwaukee, dated July 17, 1973, as CPRC will supply run-through power improve the utilization of INRD train
amended, a distance of 71.77 miles. The for potash trains originating on CPRC crews and locomotives, by eliminating
trackage rights are assignable with the and destined for Jeffersonville, IN, and unnecessary dead head miles and
consent of CSXT; and the terms under which INRD will reducing locomotive idle time. The
(v) Rights to use the property of the supply run-through power for applicants further note that the
former Kentucky & Indiana Terminal petroleum coke trains originating in Transaction would generate efficiencies
Company (K&ITC) between New Rosemount, MN, and destined for the by enabling INRD to consolidate all of
Albany, IN, and Louisville, KY, and gasification facility at Fayette, IN; (2) the its locomotive repair work and some of
within Louisville, KY, on terms ‘‘Interchange Agreement,’’ which its car repair activities at the locomotive
originally set forth in the agreement establishes terms under which CPRC shop and car repair facility at Latta
dated March 1, 1973, by and among and INRD will interchange traffic at Yard. Lastly, INRD plans to consolidate
K&ITC, the Baltimore & Ohio Railroad Chicago; and (3) the ‘‘Marketing and the dispatching of its entire system at
Company, L&N, Southern Railway Divisions Agreement,’’ which Terre Haute, as well as its customer
Company and Milwaukee. Soo’s rights establishes divisions and other service functions.
commercial arrangements between Applicants submit that the
under the Louisville Terminal
INRD and CPRC. Transaction would improve the level of
Agreement are assignable without the
Financial Arrangements. INRD service to local shippers on the
approval of Norfolk Southern Railway
advises that it does not plan on any new Acquired Lines by reducing transit time,
Company (successor to Southern).
The Ancillary Trackage Rights. The financial arrangements in connection increasing local service, and providing
Ancillary Trackage Rights to be assigned with the Transaction. No new securities an additional intermodal service
to INRD are as follows: will be issued. INRD will finance the facility, in addition to service
(i) Overhead trackage rights to operate Transaction with bank loans. improvements on traffic that is now
over and use certain trackage rights of Passenger Service Impacts. The interchanged between Soo and INRD, as
Indiana Southern Railroad (ISRR) from Transaction would have no impact on INRD assumes full control of the moves.
commuter or passenger operations Applicants further note that the
Elnora, IN, to Maysville, IN, on terms
hsrobinson on PROD1PC70 with NOTICES
because the Acquired Lines have no Transaction would allow for an
established by the agreement governing
commuter or other passenger service. improved marketing focus, which
Soo’s grant of trackage rights to ISRR,
Discontinuances/Abandonments. would attract additional traffic. As the
6 CSXT and UP jointly own the Dolton Junction INRD does not contemplate any Acquired Lines’ original function as a
to Woodland Junction line. Each has the right discontinuances or abandonments as a bridge for traffic moving between the
unilaterally to grant trackage rights over the line. result of the Transaction. Chicago gateway and points in the
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
2298 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices
Southeast has been rendered obsolete by properties subject to Board jurisdiction would be moved to Latta after
industry consolidation, the Acquired that are 50 years old or older. consummation of the Transaction. Two
Lines must now rely upon traffic Applicants therefore assert that a other positions are filled by employees
originating or terminating at local points historic report under 49 CFR who are moving to new types of
on those lines. INRD’s marketing 1105.8(b)(1) is not required. positions, not mechanical work. INRD
experience in, and proximity to, central Labor Impacts. Soo states that no Soo would also relocate five dispatchers
and southern Indiana would permit it to employee currently working on the from Indianapolis, IN, to Terre Haute,
develop closer relationships with local Acquired Lines would lose the IN, when it consolidates dispatching of
shippers. In addition, the proximity of opportunity for continued employment the combined operation at that location.
the Acquired Lines to INRD’s existing on Soo as a result of the Transaction. As INRD also would move some car repair
line would enable INRD to be more of December 1, 2005, Soo employed 77 activities from Indianapolis and
responsive to the equipment persons on the Acquired Lines. Upon Palestine to Latta Yard. INRD’s car
requirements of local shippers. conveyance of the Acquired Lines to repair work is performed by outside
Applicants submit that the INRD, Soo would no longer operate over contractors so no INRD employees
Transaction would not result in a those lines and would therefore abolish would be affected by this move.
substantial lessening of competition for all jobs on the Acquired Lines. All Soo Protective Conditions. For the
overhead traffic between Chicago and agreement employees on the Acquired Transaction, applicants assert that, to
the Southeast. Applicants stress that rail Lines have seniority under their provide the level of labor protection
consolidations have rendered Soo’s collective bargaining agreements that mandated by 49 U.S.C. 11326, the Board
Chicago-Louisville line competitively would entitle them to hold positions at should impose the labor protective
irrelevant as an overhead route. Thus, other locations in Soo’s core territory. In conditions in New York Dock Ry.—
INRD’s acquisition of the Acquired addition, Soo notes that INRD would Control—Brooklyn Eastern Dist., 360
Lines would have no material need experienced railroad employees to I.C.C. 60, 84–90 (1979), as clarified in
competitive impact on overhead traffic operate the Acquired Lines and would Wilmington Term. RR, Inc.—Pur. &
between Chicago and the Southeast. accept applications for employment Lease—CSX Transp., Inc., 6 I.C.C.2d
The applicants further assert that from Soo’s current employees. Soo 799, 814–826 (1990), aff’d sub nom.
there would be no lessening of employees who are not offered Railway Labor Executives’ Ass’n v. ICC,
competition for traffic originating and/ employment by INRD, or who decline 930 F.2d 511 (6th Cir. 1991). Some of
or terminating on the Acquired Lines. INRD offers of employment, could elect the Soo employees who may be affected
This applies to the shipment of on-line to exercise their existing Soo seniority would be entitled to elect, alternatively,
coal, off-line coal, received petroleum to take jobs in their crafts elsewhere on to receive benefits under provisions of
coke, plastics, and potash. The Soo. The one management employee on existing employee protective agreements
applicants state that no shipper would the Acquired Lines would be relocated. that are in effect on Soo.
be left without competitive options as a INRD expects to be able to handle the Application Accepted. The Board
result of the Transaction, and INRD combined operation of the Acquired finds that the proposed Transaction
would not acquire any market power Lines and its existing line with 41 would be a ‘‘minor transaction’’ under
through its purchase of the Acquired additional employees. INRD plans to 49 CFR 1180.2(c), and the Board is
Lines. hire the additional 41 people needed to accepting the application for
Lastly, INRD believes that its operate the Acquired Lines by taking consideration because it is in substantial
acquisition of the Acquired Lines would applications and hiring on the basis of compliance with the applicable
provide it with more opportunities to those applications. Applications from regulations governing minor
compete effectively with motor carriers current Soo employees who work on the transactions. See 49 U.S.C. 11321–26; 49
than is the case today, and to divert Acquired Lines would be treated on an CFR part 1180. The Board reserves the
traffic from truck to rail. equal basis with all others received. right to require the filing of
Time Schedule for Consummation. If INRD has entered preliminary supplemental information, if necessary
the Board approves the Transaction, discussions with the Brotherhood of the to complete the record.
applicants intend to consummate the Locomotive Engineers and Trainmen Public Inspection. The application is
transaction on May 25, 2006, or as soon (BLET), representing INRD’s train and available for inspection in the Docket
thereafter as permitted by the Board. engine personnel, regarding the terms of File Reading Room (Room 755) at the
Environmental Impacts. Applicants an implementing agreement, covering offices of the Surface Transportation
contend that no environmental the extent to which former Soo Board, 1925 K Street, NW., in
documentation is required because there employees hired by INRD are given Washington, DC. In addition, the
would be no operational changes that credit for their prior employment within application may be obtained from Mr.
would exceed the thresholds established INRD’s seniority system. INRD expects Hynes (representing Soo) and Mr.
in 49 CFR 1105.7(e)(4) or (5) and there to be able to reach a consensual Broadley (representing INRD) at the
would be no action that would normally implementing agreement with BLET, addresses indicated above.
require environmental documentation. and would notify the Board when such Procedural Schedule. The Board has
Applicants therefore assert that the agreement has been reached. considered applicants’ INRD–3/SOO–3
Transaction does not require INRD expects to change the reporting request (filed December 15, 2005) for a
environmental documentation under 49 point for many of its train and engine procedural schedule, under which the
CFR 1105.6(b)(4). personnel from Switz City to Latta Yard. Board would issue its final decision on
Historic Preservation Impacts. INRD also expects to relocate six April 24, 2006, and that decision would
Applicants contend that a historic mechanical positions from Switz City to become effective on May 24, 2006.
hsrobinson on PROD1PC70 with NOTICES
report is not required because INRD Latta Yard. While six mechanical The Board is adopting a procedural
would operate the Acquired Lines and positions would be relocated, only three schedule that is essentially the same as
would require further Board approval to employees would actually be affected. applicants’ proposed procedural
discontinue service or abandon any One of the positions is currently vacant schedule. However, whereas applicants’
service. According to applicants, there and, if it is filled before the move, the schedule provides that an oral argument
are no plans to dispose of or alter person filling it would be aware that it will be held, if necessary, on March 22,
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 2299
2006, to allow greater flexibility in the the extent such filings have not need not be conducted under the
handling of the Board’s docket, the previously been served upon such other National Environmental Policy Act of
Board’s schedule provides that any parties). Each POR also will be required 1969 (NEPA).7 Rather, such activities
necessary oral argument or public to file with the Board, within 10 days of are covered by a ‘‘categorical
hearing will be held the week of March the service date of the service-list exclusion.’’ In its environmental rules,
20, 2006. Further, although applicants’ notice, a certificate of service indicating the Board has various categorical
schedule provides the notice of that the service required by the exclusions.8 As pertinent here, where
acceptance of application to be preceding sentence has been portions of the Acquired Lines are
published in the Federal Register on accomplished. Every filing made by a located in an air quality
January 17, 2006, the Board’s schedule POR after the service date of the service- ‘‘nonattainment’’ area, a rail line
provides for publication on January 13, list notice must have its own certificate acquisition proposal that would not
2006, to make the schedule consistent of service indicating that all PORs on result in operational changes that
with the Board’s normal operating the service list have been served with a exceed certain thresholds—generally an
procedure. copy of the filing. Members of the increase in rail traffic of at least three
Under the procedural schedule United States Congress (MOCs) and trains a day or 50% in traffic (measured
adopted by the Board: any person who Governors (GOVs) are not parties of in gross ton miles annually)—normally
wishes to participate in this proceeding record and need not be served with requires no environmental review. 49
as a POR must file, no later than January copies of filings, unless any Member or CFR 1105.6(c)(2)(i).
27, 2006, a notice of intent to Governor has requested to be, and is Applicants state that the traffic
participate; all comments, protests, designated as, a POR. increases they project to occur, should
requests for conditions, and any other Comments, Protests, Requests for this proposal be approved, consist of
evidence and argument in opposition to Conditions, and Other Opposition increasing local service to and from
the primary application or either of the Evidence and Argument, Including Louisville, KY, from 3 days per week to
related filings, including filings by DOJ Filings by DOJ and DOT. All comments, 5 days per week. Applicants maintain
and DOT, must be filed by February 21, protests, requests for conditions, and that the contemplated changes would
2006; and responses to comments, any other evidence and argument in improve service to shippers and would
protests, requests for conditions, and opposition to the primary application or create operational efficiencies.
other opposition and rebuttal in support either of the related filings, including While INRD believes that these
of the primary application or either of filings by DOJ and DOT, must be filed efficiencies would eventually attract
the related filings must be filed by by February 21, 2006. additional rail traffic, including
March 8, 2006. As in past proceedings, Because the Transaction proposed in diversion from trucks, applicants state
DOJ and DOT will be allowed to file, on the application is a minor transaction, that the potential traffic increases would
the response due date (here, March 8), no responsive applications will be not result in any changes in operations
their comments in response to the permitted. See 49 CFR 1180.4(d)(1). that exceed the Board’s thresholds for
comments of other parties, and Protesting parties are advised that, if environmental documentation
applicants will be allowed to file (as they seek either the denial of the established in the Board’s
quickly as possible thereafter) a application or the imposition of environmental rules at 49 CFR
response to any such comments of DOJ conditions upon any approval thereof, 1105.7(e)(5)(ii), and there is nothing in
and/or DOT. Under this schedule, a on the theory that approval (or approval the application to indicate that the
public hearing or oral argument may be without conditions) would harm transaction has any potential for
held the week of March 20, 2006. The competition and/or their ability to significant environmental impacts. The
Board will issue its final decision on provide essential services, they must Board’s Section of Environmental
April 24, 2006, and the Board will make present substantial evidence in support Analysis (SEA) therefore has concluded
any such approval effective on May 24, of their positions. See Lamoille Valley that formal environmental review is not
2006. For further information respecting R.R. Co. v. ICC, 711 F.2d 295 (D.C. Cir. warranted in this case, and that this
dates, see Appendix A (Procedural 1983). proceeding is ‘‘categorically excluded’’
Schedule). Responses to Comments, Protests, from environmental review under
Notice of Intent To Participate. Any Requests for Conditions, and Other NEPA.
person who wishes to participate in this Opposition; Rebuttal in Support of the Finally, SEA agrees with applicants
proceeding as a POR must file with the Application. Responses to comments, that the proposed action does not
Board, no later than January 27, 2006, a protests, requests for conditions, and require historic review under the
notice of intent to participate, other opposition submissions, and National Historic Preservation Act of
accompanied by a certificate of service rebuttal in support of the primary 1966 because further approval would be
indicating that the notice has been application or either of the related required to abandon any service, and
properly served on the Secretary of the filings, must be filed by March 8, 2006. there are no plans to dispose of or alter
United States Department of Public Hearing/Oral Argument. The properties subject to the Board’s
Transportation, the Attorney General of Board may hold a public hearing or an jurisdiction that are 50 years old or
the United States, Mr. Hynes (as oral argument in this proceeding the older. 49 CFR 1105.8(b)(1).
representative of Soo), and Mr. Broadley week of March 20, 2006. Filing/Service Requirements. Persons
(as representative of INRD). Discovery. Discovery may begin participating in this proceeding may
Service List Notice. The Board will immediately. The parties are ‘‘file’’ with the Board and ‘‘serve’’ on
serve, as soon after January 27, 2006, as encouraged to resolve all discovery other parties: a notice of intent to
practicable, a notice containing the matters expeditiously and amicably. participate (due by January 27); a
hsrobinson on PROD1PC70 with NOTICES
official service list (the service-list Environmental Matters. Under the certificate of service indicating service
notice). Each POR will be required to Council on Environmental Quality of prior pleadings on persons designated
serve upon all other PORs, within 10 (CEQ) regulations, for those types of as PORs on the service-list notice (due
days of the service date of the service- proposed actions for which the
list notice, copies of all filings environmental effects are ordinarily 7 40 CFR 1500.4(p), 1501.4(a)(2), 1508.4.
previously submitted by that party (to insignificant, an environmental review 8 49 CFR 1105.6(c).
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
2300 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices
by the 10th day after the service date of Solutions will handle the collection of May 24, 2006—Effective date of final
the service-list notice); any comments, charges and the mailing and/or faxing of decision.
protests, requests for conditions, and decisions, orders, and notices to persons [FR Doc. 06–337 Filed 1–12–06; 8:45 am]
any other evidence and argument in who request this service. BILLING CODE 4915–01–P
opposition to the primary application or Access to Filings. An interested
either of the related filings (due by person does not need to be on the
February 21); and any responses to service list to obtain a copy of the DEPARTMENT OF TRANSPORTATION
comments, etc., and any rebuttal in primary application or any other filing
support of the primary application or made in this proceeding. Under the Surface Transportation Board
either of the related filings (due by Board’s rules, any document filed with [STB Finance Docket No. 34765]
March 8). the Board (including applications,
Filing Requirements. Any document pleadings, etc.) shall be promptly Vicksburg Southern Railroad, Inc.—
filed in this proceeding must be filed furnished to interested persons on Lease and Operation Exemption—The
either via the Board’s e-filing format or Kansas City Southern Railway
request, unless subject to a protective
in the traditional paper format. Any Company
order. 49 CFR 1180.4(a)(3). The public
person e-filing a document should
version of the primary application and Vicksburg Southern Railroad, Inc.
comply with the instructions found on
other filings in this proceeding will also (VSOR), a noncarrier, has filed a verified
the Board’s Web site at http://
be available on the Board’s Web site at notice of exemption under 49 CFR
www.stb.dot.gov at the ‘‘E-FILING’’ link.
http://www.stb.dot.gov under ‘‘E- 1150.31 to lease from The Kansas City
Any person filing a document in the
LIBRARY/Filings.’’ Southern Railway Company (KCS) and
traditional paper format should send an
original and 10 paper copies of the This action will not significantly operate approximately 21.5 miles of rail
document (and also an IBM-compatible affect either the quality of the human line consisting of the following lines
floppy disk with any textual submission environment or the conservation of located in Mississippi: (1) KCS’s
in any version of either Microsoft Word energy resources. Redwood Branch, which is located
or WordPerfect) to: Surface It is ordered: between milepost 21.9, at the end of the
Transportation Board, 1925 K Street, 1. The application in STB Finance line near Redwood, MS, and milepost
NW., Washington, DC 20423–0001. Docket No. 34783 is accepted for 218.0, north of KCS’s Vicksburg Yard, at
Service Requirements. One copy of Vicksburg, MS, and includes track
each document filed in this proceeding numbers 418, 419, 429, 430, 431, 432,
must be sent to each of the following 2. The parties to this proceeding must and 433, and the locomotive facility
(any copy may be sent by e-mail only if comply with the Procedural Schedule buildings within the Vicksburg Yard;
service by e-mail is acceptable to the adopted by the Board in this proceeding and (2) the branch line located between
recipient): (1) Secretary of the United as shown in Appendix A. milepost 223.0, south of the connection
States Department of Transportation, 3. The parties to this proceeding must with the KCS main line, and milepost
400 Seventh Street, SW., Washington, comply with the procedural 229.85, near Cedars, MS.
DC 20590; (2) Attorney General of the requirements described in this decision. This transaction is related to STB
United States, c/o Assistant Attorney 4. This decision is effective on Finance Docket No. 34766, Watco
General, Antitrust Division, Room 3109, January 13, 2006. Companies, Inc.—Continuance in
Department of Justice, Washington, DC Control Exemption—Vicksburg
20530; (3) John Broadley (representing Decided: January 9, 2006.
Southern Railroad, Inc., wherein Watco
INRD), John H. Broadley & Associates, By the Board, Chairman Buttrey and Vice Companies, Inc., has filed a notice of
P.C., 1054 31st Street, NW., Suite 200, Chairman Mulvey.
exemption to continue in control of
Washington, DC 20007; (4) Terence M. Vernon A. Williams, VSOR upon its becoming a Class III rail
Hynes (representing Soo), Sidley Austin Secretary. carrier.
Brown & Wood, 1501 K Street, NW., VSOR certifies that its projected
Washington, DC 20005; and (5) any Appendix A: Procedural Schedule revenues as a result of the transaction
other person designated as a POR on the December 15, 2005—Application, motion for will not result in VSOR’s becoming a
service-list notice. protective order, and request for issuance Class II or Class I rail carrier. VSOR also
Service of Decisions, Orders, and of procedural schedule filed. certifies that its projected annual
Notices. The Board will serve copies of December 22, 2005—Protective order issued. revenues will not exceed $5 million.
its decisions, orders, and notices only January 13, 2006—Board notice of The transaction is expected to be
on those persons who are designated on acceptance of application published in the consummated on or shortly after
the official service list as either POR, Federal Register.
January 27, 2006—Notices of intent to
January 8, 2006.
MOC, or GOV. All other interested If the notice contains false or
participate in this proceeding due.
persons are encouraged either to secure February 21, 2006—All comments, protests, misleading information, the exemption
copies of decisions, orders, and notices requests for conditions, and any other is void ab initio. Petitions to revoke the
via the Board’s Web site at http:// evidence and argument in opposition to exemption under 49 U.S.C. 10502(d)
www.stb.dot.gov under ‘‘E-LIBRARY/ the primary application and/or either or may be filed at any time. The filing of
Decisions & Notices’’ or to make both of the related filings, including filings a petition to revoke will not
advance arrangements with the Board’s of DOJ and DOT, due. automatically stay the transaction.
copy contractor, ASAP Document March 8, 2006—Responses to comments, An original and 10 copies of all
Solutions (mailing address: Suite 103, protests, requests for conditions, and other pleadings, referring to STB Finance
hsrobinson on PROD1PC70 with NOTICES
9332 Annapolis Rd., Lanham, MD opposition due. Rebuttal in support of the Docket No. 34765, must be filed with
primary application and/or either or both
20706; e-mail address: of the related filings due.
the Surface Transportation Board, 1925
email@example.com; telephone number: Week of March 20, 2006—A public hearing K Street, NW., Washington, DC 20423–
202–306–4004), to receive copies of or oral argument may be held. 0001. In addition, a copy of each
decisions, orders, and notices served in April 24, 2006—Date of service of final pleading must be served on Karl Morell,
this proceeding. ASAP Document decision. Of Counsel, Ball Janik, LLP, 1455 F
VerDate Aug<31>2005 15:41 Jan 12, 2006 Jkt 208001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1