Federal Register Vol No Friday January Notices

Document Sample
Federal Register Vol No Friday January Notices Powered By Docstoc
					                                                                            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.                       
                                            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                         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                          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 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
                                   at the ‘‘E-FILING’’ link.
                                                                                           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)
                                   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
                                  ; 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