[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Page 20009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7586]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35017]


Mark K. Smith--Continuance in Control Exemption--Rock River 
Railroad, Inc.

    Mark K. Smith (applicant) has filed a verified notice of exemption 
to continue in control of Rock River Railroad, Inc. (RRR), upon RRR's 
becoming a Class III rail carrier.
    The earliest this transaction may be consummated is the May 6, 2007 
effective date of the exemption (30 days after the exemption was 
filed).
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35016, Rock River Railroad, Inc.--
Acquisition and Operation Exemption--Rail Lines of Renew Energy, LLC. 
In that proceeding, RRR seeks to acquire and operate approximately 
2,100 feet of rail line, located within the plant site of Renew Energy, 
LLC (RE), in Jefferson, Jefferson County, WI (the line). RRR will 
provide common carrier rail operations over the line and interchange 
with Union Pacific Railroad Company.
    Applicant is a noncarrier and currently controls Rail & Transload, 
Inc. (R&T), a Class III rail carrier.
    Applicant states that: (1) The rail properties operated by R&T and 
those to be operated by RRR do not connect with each other or any 
railroads in their corporate family; (2) the continuance in control is 
not part of a series of anticipated transactions that would connect the 
rail lines of R&T and RRR with each other or any railroads in their 
corporate family; and (3) the transaction does not involve a Class I 
railroad. 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 this transaction is to allow applicant to continue in control of RRR 
after RRR 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than April 27, 
2007 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35017, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Thomas F. McFarland, 208 South 
LaSalle St., Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 13, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-7586 Filed 4-19-07; 8:45 am]
BILLING CODE 4915-01-P