[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Page 61817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25105]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35410]
Adrian & Blissfield Rail Road Company--Continuance in Control
Exemption--Jackson & Lansing Railroad Company
Adrian & Blissfield Rail Road Company (ADBF), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of Jackson & Lansing Railroad
Company (JAIL), upon JAIL's becoming a Class III rail carrier.\1\
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\1\ JAIL is a noncarrier entity, wholly owned and controlled by
ADBF. In addition, ADBF currently controls through stock ownership 3
Class III carriers: The Charlotte Southern Railroad Company; the
Detroit Connecting Railroad Company; and the Lapeer Industrial
Railroad Company, all within the State of Michigan.
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This transaction is related to 2 other transactions for which
notices of exemption have been simultaneously filed: Docket No. FD
35411, Jackson & Lansing Railroad Company--Lease and Operation
Exemption--Norfolk Southern Railway Company, in which JAIL seeks an
exemption under 49 CFR 1150.31 to lease from Norfolk Southern Railway
Company (NSR), and to operate, approximately 44.5 miles of rail
lines,\2\ known as the Lansing Secondary, the Lansing Manufacturers
Railroad, and segments of the Lansing Industrial Track; and Docket No.
FD 35418, Jackson & Lansing Railroad Company--Trackage Rights
Exemption--Norfolk Southern Railway Company, in which JAIL seeks to
acquire, pursuant to an agreement with NSR, non-exclusive local and
overhead trackage rights over approximately 1.06 miles of the line
owned by NSR and currently leased to CSX Transportation, Inc., on the
Lansing Secondary, between milepost LZ 36.8 \3\ in Lansing, Mich., and
milepost 37.86 in North Lansing, Mich., for the sole purpose of
interchanging with NSR.
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\2\ In addition, JAIL will acquire from NSR incidental trackage
rights over 2.96 miles of track on NSR's Michigan Main Line in
Jackson, Mich., for the sole purpose of interchanging with NSR.
\3\ JAIL states that, despite the apparent overlap, the boundary
of the assigned trackage rights is distinct from the boundary of the
Lansing Secondary. The apparent overlap is the result of an
historical rounding error in NSR's engineering maps.
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This transaction may not be consummated until October 20, 2010, the
effective date of the exemption (30 days after exemption was filed).
ADBF states that: (1) The rail lines to be operated by JAIL do not
connect with the lines of ADBF or any other single railroad controlled
by ADBF's corporate family; (2) the transaction is not part of a series
of anticipated transactions that would result in such a connection; 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).
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 sections 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 October 13,
2010 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35410, must be filed with the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, 1 copy of each
pleading must be served on John D. Heffner, PLLC, and James H. M.
Savage, Of Counsel, 1750 K Street, NW., Washington, DC 20006.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: October 1, 2010.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-25105 Filed 10-5-10; 8:45 am]
BILLING CODE 4915-01-P