[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Page 44608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15318]



[[Page 44608]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35043]


Four Rivers Transportation, Inc., Paducah and Louisville Railway, 
Inc., and Evansville Western Railway, Inc.--Corporate Family 
Transaction Exemption

    Four Rivers Transportation, Inc. (Four Rivers), Paducah & 
Louisville Railway, Inc. (P&L), and Evansville Western Railway, Inc. 
(EVWR) (collectively, parties) have filed a verified notice of 
exemption under 49 CFR 1180.2(d)(3) for a transaction within a 
corporate family. The proposed transaction involves the restructuring 
of the Four Rivers corporate family.
    Four Rivers, a noncarrier, currently directly owns and controls P&L 
and the Appalachian & Ohio Railroad, Inc. (A&O). P&L directly owns and 
controls EVWR. Through P&L, Four Rivers indirectly controls EVWR. P&L 
is a Class II rail carrier that owns and operates approximately 262 
miles of rail line, all within the Commonwealth of Kentucky, and EVWR 
is a Class III rail carrier that operates approximately 124 miles of 
rail line in Illinois and Indiana. A&O is a Class III rail carrier that 
leases and operates over 158 miles of rail line, all located within 
West Virginia.\1\
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    \1\ See Paducah & Louisville Railway, Inc.--Acquisition--CSX 
Transportation, Inc., STB Finance Docket No. 34738 (STB served Nov. 
18, 2005); Evansville Western Railway, Inc.--Acquisition and 
Operation Exemption--Paducah & Louisville Railway, Inc., STB Finance 
Docket No. 34738 (Sub-No. 1) (STB served Nov. 18, 2005); Four Rivers 
Transportation, Inc. and Paducah & Louisville Railway, Inc.--
Continuance in Control Exemption--Evansville Western Railway, Inc., 
STB Finance Docket No. 34738 (Sub-No. 2) (STB served Nov. 18, 2005); 
and Four Rivers Transportation, Inc.--Control Exemption--Appalachian 
& Ohio Railroad, Inc., STB Finance Docket No. 34856 (STB served May 
23, 2006).
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    The parties propose to consummate the transaction on or after 
August 23, 2007.
    The restructuring will allow the transfer of direct control of EVWR 
from P&L to Four Rivers and provide a more efficient corporate 
structure.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval of 49 CFR 
1180.2(d)(3). According to the parties, the transaction will not result 
in adverse changes in service levels, significant operational changes, 
or changes in the competitive balance with carriers outside the 
corporate family.
    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. Because the transaction 
involves the control of one Class II and one or more Class III rail 
carriers, the exemption is subject to the labor protection requirements 
of 49 U.S.C. 11326(b).
    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. Stay petitions must be filed no later than August 15, 2007 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35043, must be filed with the Surface Transportation 
Board, 395 E. Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on William A. Mullins, Baker & 
Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 
20037.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 31, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-15318 Filed 8-7-07; 8:45 am]
BILLING CODE 4915-01-P