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

1 Group, a noncarrier holding company, is owned 

by Corman and directly controls JCK. 

1A redacted version of the trackage rights 

agreement was filed with the notice of exemption. 

The full version of the agreement, as required by 

49 CFR 1180.6(a)(7)(ii), was filed under seal along 

with a motion for a protective order. 

2 KCSR’s verified notice of exemption is related 

to two other verified notices of exemption filed on 

January 17, 2006. In STB Finance Docket No. 34822, 

Kansas City Southern (KCS), KCSR, and MSLLC 

have filed a notice of exemption relating to an intracorporate family transaction pursuant to which 

KCSR will transfer its line between Meridian, MS, 

and Shreveport, LA, to MSLLC, KCS will continue 

in control of MSLLC (which will become a carrier 

upon acquiring the line), and KCSR will contract 

with MSLLC to operate the transferred line on 

MSLLC’s behalf. In STB Finance Docket No. 34821, 

Norfolk Southern Railway Company (NSR) has filed 

a notice of exemption to acquire trackage rights over 

the line to be transferred to MSLLC in STB Finance 

Docket No. 34822. 

3 KCSR currently operates via trackage rights over 

the approximately four-tenths of a mile section of 

track in Jackson, MS, connecting these two line 

segments. That section of track is controlled by 

Canadian National Railway Company (CN) as 

successor to Illinois Central Railroad Company (IC) 

pursuant to a trackage rights agreement dated 

March 26, 1986, between MidSouth Rail 

Corporation and IC. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34772, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Ronald A. 

Lane, Fletcher & Sippel LLC, 29 North 

Wacker Drive, Suite 920, Chicago, IL 

60606–2832. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 30, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–1488 Filed 2–2–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34775] 

Richard J. Corman and R.J. Corman 

Railroad Group, LLC—Continuance in 

Control; Exemption—R.J. Corman 

Railroad Company/Tennessee 

Terminal, LLC 

Richard J. Corman (Corman) and R.J. 

Corman Railroad Group, LLC (Group) 

(collectively applicants), have filed a 

verified notice of exemption to continue 

in control of R.J. Corman Railroad 

Company/Tennessee Terminal, LLC 

(RJCK), upon RJCK’s becoming a Class 

III rail carrier.1

The transaction was scheduled to be 

consummated on January 15, 2006. 

This transaction is related to the 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34772, R.J. Corman Railroad Company/ 

Tennessee Terminal, LLC—Lease and 

Operation Exemption—BNSF Railway 

Company. In that proceeding, RJCK 

seeks to acquire by lease from BNSF 

Railway Company (BNSF) and operate 

approximately 46.7 miles of rail lines in 

Shelby County, TN, and DeSoto County, 

MS. 

Group controls seven Class III rail 

carriers: R.J. Corman Railroad Company/ 

Pennsylvania Lines Inc. (Pennsylvania 

Lines), R.J. Corman Railroad Company/ 

Memphis Line (Memphis Line), R.J. 

Corman Railroad Company/Western 

Ohio Line (Western Ohio Line), R.J. 

Corman Railroad Company/Cleveland 

Line (Cleveland Line), R.J. Corman 

Railroad Company/Bardstown Line 

(Bardstown Line), R.J. Corman Railroad 

Company/Allentown Lines, Inc. 

(Allentown Lines), and R.J. Corman 

Railroad Company/Central Kentucky 

Lines, LLC (Central Kentucky Lines). 

Corman also owns R.J. Corman Railroad 

Property, LLC (RJRP), a Class III nonoperating rail carrier, and owns a 

controlling interest in the Clearfield & 

Mahoning Railway Company (CMRC), 

also a Class III rail carrier. 

Applicants state that: (1) The rail lines 

operated by Pennsylvania Lines, 

Memphis Line, Western Ohio Line, 

Cleveland Line, Bardstown Line, 

Allentown Lines, Central Kentucky 

Lines, RJRP, and CMRC do not connect 

with the rail line being leased by RJCK; 

(2) the continuance in control is not part 

of a series of anticipated transactions 

that would connect the rail line being 

leased by RJCK with any railroad in the 

Corman corporate family; and (3) the 

transaction does not involve a Class I 

rail carrier. Therefore, the transaction is 

exempt from the prior approval 

requirements of 49 U.S.C. 11323. See 49 

CFR 1180.2(d)(2). The purpose of the 

transaction is to allow Corman and 

Group to continue in control of RJCK 

after RJCK becomes a Class III rail 

carrier. 

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 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. 34775, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Ronald A. 

Lane, Fletcher & Sippel LLC, 29 North 

Wacker Drive, Suite 920, Chicago, IL 

60606–2832. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 30, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–1489 Filed 2–2–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34823] 

The Kansas City Southern Railway 

Company—Trackage Rights 

Exemption—Meridian Speedway LLC 

Meridian Speedway LLC (MSLLC) has 

agreed to grant local and overhead 

trackage rights to The Kansas City 

Southern Railway Company (KCSR) 1 to 

permit KCSR to operate over a line of 

railroad being transferred to MSLLC.2

The trackage rights extend over this line 

between milepost 0.0 at Meridian, MS, 

and milepost 95.26 ± at Jackson, MS, 

and between milepost 95.7 ± at Jackson, 

MS, and milepost V–169.85 ± at 

Shreveport, LA, a total distance of 

approximately 320 miles.3

KCSR had intended to consummate 

the transaction on the later of two dates, 

January 24, 2006, or when the 

transaction described in STB Finance 

Docket No. 34822 is consummated. 

However, by decision served on January 

23, 2006, the effective date of the three 

exemptions was stayed, at the joint 

request of CN, NSR, KCS, KCSR, and 

MSLLC, until February 23, 2006. 

Accordingly, consummation of the 

transaction cannot occur until February 

23, at the earliest. 


hsrobinson on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices 5907 

1A redacted version of the trackage rights 

agreement was filed with the notice of exemption. 

The full version of the agreement, as required by 

49 CFR 1180.6(a)(7)(ii), was filed under seal along 

with a motion for a protective order. 

2NSR’s verified notice of exemption is related to 

two other verified notices of exemption filed on 

January 17, 2006. In STB Finance Docket No. 34822, 

Kansas City Southern (KCS), Kansas City Southern 

Railway Company (KCSR), and MSLLC have filed 

a notice of exemption relating to an intra-corporate 

family transaction pursuant to which KCSR will 

transfer its line between Meridian, MS, and 

Shreveport, LA, to MSLLC, KCS will continue in 

control of MSLLC (which will become a carrier 

upon acquiring the line), and KCSR will contract 

with MSLLC to operate the transferred line on 

MSLLC’s behalf. In STB Finance Docket No. 34823, 

KCSR has filed a notice of exemption to acquire 

trackage rights over the line to be transferred to 

MSLLC in STB Finance Docket No. 34822. 

3The track segment between milepost 95.26 and 

milepost 95.7 at Jackson, MS, is owned by Canadian 

National Railway Company (CN). KCSR operates 

over the CN-owned segment pursuant to a trackage 

rights agreement. While NSR will seek to negotiate 

a trackage rights agreement with CN for that 

segment as well, KCSR will provide haulage service 

for NSR over the CN-owned segment should NSR 

exercise the trackage rights under this notice in the 

interim. 

KCSR will use the trackage rights to 

continue to provide local rail service to 

shippers located on the line once 

ownership of the line has transferred 

from KCSR to MSLLC. In addition, the 

trackage rights will allow KCSR to 

transport goods to and from shippers 

and other rail carriers between 

Shreveport, LA, and Meridian, MS. This 

transaction and the transactions covered 

by the other two notices of exemption 

are part of a joint-venture between KCS 

and NSR to share and upgrade the 

instant line, a segment of a longer line 

located between Meridian, MS, and 

Dallas, TX. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN, 

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If it 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. 34823, 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: (1) Robert 

B. Terry, The Kansas City Southern 

Railway Company, P.O. Box 219335, 

Kansas City, MO 64121–9335; and (2) 

William A Mullins, Baker & Miller 

PLLC, 2401 Pennsylvania Avenue, NW., 

Suite 300, Washington, DC 20037. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 27, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–963 Filed 2–2–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34821] 

Norfolk Southern Railway Company—

Trackage Rights Exemption—Meridian 

Speedway LLC—Between Meridian, MS 

and Shreveport, LA 

Meridian Speedway LLC (MSLLC) has 

agreed to grant overhead trackage rights 

to Norfolk Southern Railway Company 

(NSR) 1 to permit NSR to operate over a 

line of railroad being transferred to 

MSLLC.2 The trackage rights extend 

over this line between milepost 0.0 at 

Meridian, MS, and milepost 95.26 ± at 

Jackson, MS, and between milepost 95.7 

± at Jackson, MS, and milepost V–

169.85 ± at Shreveport, LA, a total 

distance of approximately 320 miles.3

NSR had intended to consummate the 

transaction on the later of two dates, 

January 24, 2006, or when the 

transactions described in the two related 

verified notices of exemption are 

consummated. However, by decision 

served on January 23, 2006, the effective 

date of the three exemptions was stayed, 

at the joint request of CN, NSR, KCS, 

KCSR, and MSLLC, until February 23, 

2006. Accordingly, consummation of 

the transaction cannot occur until 

February 23, at the earliest. And NSR 

has agreed to exercise the instant 

trackage rights only in the event of 

certain occurrences described in the 

agreement attached to the notice. 

NSR will use the trackage rights for 

the overhead movement between 

Meridian, MS, and Shreveport, LA, of 

trains handling certain categories of 

intermodal traffic. This transaction and 

the transactions described in the two 

related notices of exemption are part of 

a joint-venture between KCS and NSR to 

share and upgrade this portion of the 

Meridian Speedway, a line running 

between Meridian, MS, and Dallas, TX. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN, 

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If it 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. 34821, 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: (1) G. Paul 

Moates, Sidley Austin, LLP, 1501 K 

Street, NW., Washington, DC 20005; and 

(2) James A. Squires, Norfolk Southern 

Corporation, Three Commercial Place, 

Norfolk, VA 23510–9241. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 27, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–962 Filed 2–2–06; 8:45 am] 

BILLING CODE 4915–01–P 


hsrobinson on PROD1PC70 with NOTICES