Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Notices 4635 

1The notice erroneously indicated a 

consummation date of January 1, 2006. That date 

has been corrected here. 

1On January 11, 2006, a correction was received 

from DN to its verified notice of exemption filed on 

December 30, 2005, to reflect that BNSF’s Glasston 

Subdivision was located at milepost 60.20, not 

milepost 61.23, and that the total length of the two 

rail lines was 69.79, instead of 70.82. 

2 In DN’s correction received on January 11, 2006, 

DN indicated that the proposed lease and operation 

agreement would not be consummated until 7 days 

or more after the filing of the correction to the 

verified notice. 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34806] 

Susquehanna Valley Railroad 

Corporation—Acquisition of Control 

Exemption—Juniata Valley Railroad 

Company, Lycoming Valley Railroad 

Company, Nittany & Bald Eagle 

Railroad Company, North Shore 

Railroad Company, Wellsboro & 

Corning Railroad Company, Union 

County Industrial Railroad Company, 

and Shamokin Valley Railroad 

Company 

Susquehanna Valley Railroad 

Corporation (SVRC), a new noncarrier 

holding company, has filed a verified 

notice of exemption to acquire control 

of seven Class III railroads: Juniata 

Valley Railroad Company, Lycoming 

Valley Railroad Company, Nittany & 

Bald Eagle Railroad Company, North 

Shore Railroad Company, Wellsboro & 

Corning Railroad Company, Union 

County Industrial Railroad Company, 

and Shamokin Valley Railroad 

Company. Mr. Richard D. Robey, a 

noncarrier individual, is the sole 

shareholder and current owner of each 

of these Class III railroads. In a related 

transaction, STB Finance Docket No. 

34807, Mr. Robey has obtained an 

exemption to continue in control of 

SVRC and Stourbridge Railroad 

Company, a Class III railroad. 

The transaction was scheduled to be 

consummated on or after January 6, 

2006, the effective date of the exemption 

(7 days after the exemption was filed).1

SVRC states that this is a corporate 

family transaction that will not result in 

adverse changes in service levels, 

significant operational changes, or a 

change in the competitive balance with 

carriers outside the corporate family. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(3). 

As a result of this transaction, SVRC 

will own and control the seven Class III 

railroads owned by Mr. Robey and Mr. 

Robey will be the sole shareholder and 

owner of SVRC. The purpose of the 

transaction is to create a noncarrier 

holding company that can provide 

consolidated administration and 

management of the seven shortline 

railroad companies to be acquired by 

SVRC from Mr. Robey. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under section 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34806, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on: Richard R. 

Wilson, Esq., 127 Lexington Ave, Ste. 

100, Altoona, PA 16601. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 20, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–733 Filed 1–26–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34816] 

Dakota Northern Railroad, Inc.—Lease 

and Operation Exemption—Rail Lines 

of BNSF Railway Company 

Dakota Northern Railroad, Inc. (DN), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire by lease and to operate two lines 

of railroad from BNSF Railway 

Company (BNSF). The subject lines total 

69.79 miles in length and are located in 

Walsh and Pembina Counties, ND.1

Specifically, DN will lease and 

operate: (1) BNSF’s entire Walhalla 

Subdivision, between milepost 0.0, near 

Grafton, ND, and the end of the line at 

milepost 48.38, near Walhalla, ND, a 

distance of approximately 48.38 miles; 

and (2) a portion of BNSF’s Glasston 

Subdivision, between the clearance 

point of the turnout located at milepost 

38.79, near Grafton, ND, and the end of 

the line at milepost 60.20, near 

Glasston, ND, a distance of 

approximately 21.41 miles. 

This transaction is related to STB 

Finance Docket No. 34817, KBN, Inc.—

Continuance in Control Exemption—

Dakota Northern Railroad, Inc., wherein 

KBN, Inc. (KBN), has filed a notice of 

exemption to continue in control of DN 

upon DN’s becoming a Class III rail 

carrier. 

DN certifies that its projected 

revenues as a result of the transaction 

will not exceed those that would qualify 

it as a Class III carrier. The transaction 

was scheduled to be consummated on or 

about January 18, 2006.2

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34816, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Thomas F. 

McFarland, Thomas F. McFarland, P.C., 

208 South LaSalle Street, Suite 1890, 

Chicago, IL 60604. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: January 23, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–1039 Filed 1–26–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34817] 

KBN, Inc.—Continuance in Control 

Exemption—Dakota Northern Railroad, 

Inc. 

KBN, Inc. (KBN), a noncarrier, has 

filed a verified notice of exemption 

under 49 CFR 1180.2(d)(2) to continue 

in control of Dakota Northern Railroad, 

Inc. (DN), upon DN’s becoming a Class 

III rail carrier. 


rmajette on PROD1PC67 with NOTICES