Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Notices 27545

1An unredacted version of the trackage rights

agreement between CMGN and CSXT, as required

by 49 CFR 1180.6(a)(7)(ii), was concurrently filed

with the notice of exemption under seal along with

a motion for a protective order. A protective order

was served on May 2, 2001.

2CMGN’s use of the trackage rights would make

its rail operations more efficient. It would further

allow CMGN to access its shippers east of the Hoyt

Diamond by having a more direct route between the

Saginaw Yard and the Hoyt Diamond after it

interchanges with CSXT.

3By letter dated April 11, 2001, Self-Serve

Lumber, the only shipper on the line fully supports

the proposed relocation and incidental

abandonment by CMGN.

1Ohio Central Railroad, Inc., Ohio Southern

Railroad, Inc., Youngstown Belt Railroad, Inc.,

Warren & Trumbull Railroad, Ohio & Pennsylvania

Railroad, Youngstown & Austintown Railroad,

Pittsburgh & Ohio Central Railroad, and Columbus

& Ohio River Railroad Company.

2LTV, MVRC’s largest shipper, is presently

engaged in voluntary reorganization proceedings

under Chapter 11 of the U.S. Bankruptcy Code. LTV

has sought and secured conditional approval from

the Bankruptcy Court to sell MVRC and other noncore assets as promptly as practicable in order to

streamline LTV’s operations and emerge a stronger

and more efficient organization by selling a number

of assets that are either unproductive or

nonessential.

raise funds for local charities, at a date and

time to be determined by you and recipient(s)

of the flight, for compensation or hire,

without complying with certain anti-drug

and alcohol misuse prevention requirements

of part 135.

Grant, 04/27/2001, Exemption No. 7274A.

[FR Doc. 01–12488 Filed 5–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34021]

Central Michigan Railway Company

and CSX Transportation, Inc.—Joint

Relocation Project Exemption—in

Saginaw, MI

Central Michigan Railway Company

(CMGN) has filed a notice of exemption

under 49 CFR 1180.2(d)(5) to relocate its

rail operations within the City of

Saginaw, MI, from a portion of its line

to a portion of line owned by CSX

Transportation, Inc. (CSXT). CMGN will

operate over the portion of the line

owned by CSXT by overhead trackage

rights. CMGN states that the transaction

will be consummated by September 1,

2001, but not before April 26, 2001, the

effective date of the exemption.1

CMGN operates over an

approximately 1.92-mile rail line

entirely in Saginaw, from CMGN

milepost 0.07, at or near the Denmark

Switch, to CMGN milepost 1.99, at or

near Hoyt Diamond, MI (subject line).

CMGN currently connects with CSXT at

milepost BB 07, at or near Mershon

Switch.

Under the joint relocation project,

CMGN and CSXT propose the following

trans (1) CMGN will acquire overhead

trackage rights over approximately 2.9

miles of rail line owned by CSXT from

milepost BBO 7 at or near the Mershon

Switch east to milepost CB 1 near the

Saginaw Yard (a distance of

approximately 1.7 miles), then from

milepost CB 1 southeast to milepost CC

2.2, at or near the Hoyt Diamond (a

distance of approximately 1.2 miles), at

which point CMGN would connect with

its main line;2 (2) CMGN will abandon

its operations from CMGN milepost 0.07

at or near the Denmark Switch to CMGN

milepost 1.99 at or near the Hoyt

Diamond (the subject line); and (3)

CMGN will construct a new public team

track facility, approximately 570 feet

long beginning at CSXT milepost CC 2.1

on CSXT’s line and connecting with

CMGN at approximately CMGN’s

milepost 2.04.

The proposed joint relocation project

will not disrupt service to shippers.3 Its

purpose is to eliminate approximately

22 grade crossings (8 of which cross

major system routes) pursuant to a

highway improvement project funded

by CMGN, CSXT, the Michigan

Department of Transportation, the City

of Saginaw and TEA–21 Local Safety

Program funds. Thus, it will enhance

public safety by reducing the risk of

crossing accidents. The notice further

states that CSXT’s trackage rights

provides an alternate route by which

CMGN can access its own rail line.

There will be no expansion into new

territory; nor will there be a change in

the existing competitive situation.

The Board will exercise jurisdiction

over the abandonment or construction

components of a relocation project, and

require separate approval or exemption,

only where the removal of track affects

service to shippers or the construction

of new track involves expansion into a

new territory. See City of Detroit v.

Canadian National Ry. Co., et al., 9

I.C.C.2d 1208 (1993), aff’d sub nom.,

Detroit/Wayne County Port Authority v.

ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line

relocation projects may embrace

trackage rights transactions such as the

one involved here. See D.T.&I.R.—

Trackage Rights, 363 I.CC. 878 (1981).

Under these standards, the incidental

abandonment, construction, and

trackage rights components require no

separate approval or exemption when

the relocation project, as here, will not

disrupt service to shippers and thus

qualifies for the class exemption at 49

CFR 1180.2(d)(5).

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).

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. 34021, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on RoseMichele Weinryb, Weiner Brodsky

Sidman Kider PC, 1300 19th Street,

NW., Fifth Floor, Washington, DC

20036–1609.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 10, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–12345 Filed 5–16–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34026]

Summit View, Inc.—Control

Exemption—Mahoning Valley Railroad

Company

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10502, the

Board exempts from the prior approval

requirements of 49 U.S.C. 11323, et seq.,

the acquisition by Summit View, Inc.

(Summit) of control of Class III rail

carrier Mahoning Valley Railroad

Company (MVRC). Summit is a

noncarrier holding company that

controls eight Class III rail carriers.1

MVRC’s capital stock is owned by

Cuyahoga Valley Railway Company

which, in turn, is a wholly owned

subsidiary of LTV Steel Company

(LTV).2 On March 28, 2001, Summit

submitted to the Board for review and