[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Page 61078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23049]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34543]


Patrick D. Broe and OmniTRAX, Inc.--Continuance in Control 
Exemption--Fulton County Railway, LLC

    Patrick D. Broe (Mr. Broe) and OmniTRAX, Inc. (OmniTRAX) 
(collectively, applicants) have filed a verified notice of exemption to 
continue in control of Fulton County Railway, LLC (FCR), upon FCR's 
becoming a Class III rail carrier.
    The transaction is scheduled to be consummated on or shortly after 
October 15, 2004.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 34542, Fulton County Railway, 
LLC--Lease and Operation Exemption--CSX Transportation, Inc., wherein 
FCR \1\ seeks to lease from CSX Transportation, Inc. (CSXT), and 
operate approximately 55 miles of rail lines that extend from: (1) 
milepost ANO 855.06, V.S. 3+30, at Fulco Junction, westerly to milepost 
ANO 858.72, V.S. 196+31; (2) milepost ANO 858.72, V.S. 196+31 
northeasterly to milepost ANO 860.75, V.S. 304+70, at the northeast end 
of the line; and (3) V.S. 196+31 = V.S. 0+00 southwesterly to V.S. 
208+94, at the southwest end of the line, through the Fulco Industrial 
Park, including the track in the Fulco Yard, and the appurtenant 
sidings, and industrial tracks, in Atlanta, GA.
---------------------------------------------------------------------------

    \1\ FCR, a Colorado Limited Liability Company, was formed for 
the purpose of leasing and operating certain rail lines owned by 
CSXT in Atlanta, GA.
---------------------------------------------------------------------------

    Mr. Broe is a noncarrier individual who directly controls OmniTRAX, 
a noncarrier company. OmniTRAX currently controls nine Class III rail 
carriers operating in seven states: Chicago Rail Link, LLC (CRL); 
Georgia Woodlands Railroad, LLC (GWRC); Great Western Railway of 
Colorado, LLC (GWR); Great Western Railway of Iowa LLC (CBGR); 
Manufacturers' Junction Railway, LLC (MJ); Newburgh & South Shore 
Railroad Limited (NSR); Northern Ohio & Western Railway, LLC (NOW); 
Panhandle Northern Railroad, LLC (PNR); and Alliance Terminal Railroad, 
LLC (ATR).\2\
---------------------------------------------------------------------------

    \2\ CRL's lines are located in Illinois; GWRC's line is located 
in Georgia; GWR's lines are located in Colorado; CBGR's lines are 
located in Iowa; MJ's lines are located in Illinois; NSR's lines are 
located in Ohio; NOW's line is located in Ohio; PNR's line is 
located in Texas; and ATR's lines are located in Texas.
---------------------------------------------------------------------------

    Applicants state that: (1) The rail lines operated by CRL, GWRC, 
GWR, CBGR, MJ, NSR, NOW, PNR and ATR do not connect with the rail lines 
being leased by FCR; (2) the continuance in control is not part of a 
series of anticipated transactions that would connect the rail lines 
being leased by FCR with any railroad in the OmniTRAX corporate family; 
and (3) neither FCR nor any of the carriers controlled by OmniTRAX are 
Class I rail carriers. 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 reduce overhead 
expenses, coordinate billing, maintenance, mechanical and personnel 
policies and practices of its rail carrier subsidiaries and thereby 
improve the overall efficiency of rail service provided by the ten 
railroads.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34543, 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 Karl Morell, Of Counsel, Ball 
Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 7, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23049 Filed 10-13-04; 8:45 am]
BILLING CODE 4915-01-P