[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Notices]
[Pages 75598-75599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27628]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34615]


Patrick D. Broe and OmniTRAX, Inc.--Continuance in Control 
Exemption--Alabama & Tennessee River Railway, LLC

    Patrick D. Broe (Mr. Broe) and OmniTRAX, Inc. (OmniTRAX), 
noncarriers, have filed a verified notice of exemption to continue in 
control of Alabama & Tennessee River Railway, LLC (ATN), upon ATN's 
becoming a Class III rail carrier.
    The transaction is expected to be consummated on or shortly after 
December 31, 2004.
    The transaction is related to STB Finance Docket No. 34611, Alabama 
& Tennessee River Railway, LLC--Lease and Operation Exemption--CSX 
Transportation, Inc., wherein ATN seeks to lease from CSX 
Transportation, Inc. (CSXT) and operate approximately 122 miles of rail 
lines in Alabama as follows: (1) Between milepost SG 737.1 of the Belt 
Connecting Track at Birmingham and milepost 0AG 85.2 at Guntersville; 
and (2) the Ivalee Branch, between milepost 0LE 443.0 near Moragne and 
milepost 0LE 447.9 at Moragne.
    Mr. Broe directly controls OmniTRAX that currently controls 10 
Class III railroads: 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 OW), Panhandle Northern Railroad, 
LLC (PNR), Alliance Terminal Railroad, LLC (ATR), and Fulton County 
Railway, LLC (FCR).\1\ OmniTRAX also controls ATN, a Colorado Limited 
Liability Company formed for the purpose of leasing and operating 
certain rail lines owned by CSXT in the State of Alabama. Applicants 
state that the purpose sought to be accomplished by the proposed 
transaction is to reduce overhead expenses, and 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 11 railroads.\2\
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    \1\ CRL's and MJ's lines are located in Illinois; GWRC's line 
and FCR's lines are located in Georgia; GWR's lines are located in 
Colorado; CBGR's lines are located in Iowa; NOW's line and NSR's 
lines are located in Ohio; and PNR's line and ATR's lines are 
located in Texas.
    \2\ OmniTRAX indicates that it will soon file for authority to 
control a new carrier, Kettle Falls International Railway, LLC, that 
will be acquiring and leasing rail lines in the State of Washington.
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    Applicants state that: (i) The rail lines being leased by ATN do 
not connect with any of the lines of the railroads under their control 
or within their corporate family, (ii) the transaction is not a part of 
a series of anticipated transactions that would connect the rail lines 
being leased by ATN with any railroad in the OmniTRAX corporate family, 
and (iii) 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).
    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 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.

[[Page 75599]]

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34615, 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, Suite 225, 1455 F 
Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://WWW.STB.DOT.GOV.

    Decided: December 9, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27628 Filed 12-16-04; 8:45 am]
BILLING CODE 4915-01-P