This is the determination of the Railroad Retirement Board concerning the
continuing status of Mississippi & Skuna Valley Railroad Company (MSVR) (B.A.
No. 35549) as an employer under the Railroad Retirement Act (45 U.S.C. § 231 et
seq.) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. § 351, et
Information about MSVR was provided by Mr. Wayne Pratt, Payroll Tax
Accountant for Wyerhauser NR Company, and Mr. Louis E. Gitomer, Attorney for
Mississippi & Skuna Valley Railroad, LLC. In Surface Transportation Board
Finance Docket No. FD 35429, Mississippi & Skuna Valley Railroad, LLC (MSV)
filed a verified notice of exemption to acquire and operate approximately 21
miles of rail line from MSVR. This transaction was related to a transaction in
which Patriot Rail, LLC (a non-covered entity) and its subsidiaries entered into
an asset purchase agreement on July 21, 2010, to acquire from Weyerhauser NR
Company certain rail assets and the rail assets of five of its subsidiaries.
According to Mr. Pratt, MSVR ceased operations on December 30, 2010. Articles of
Dissolution for MSVR were submitted, indicating that MSVR was dissolved as of
December 31, 2010.
Section 202.11 of the Board's regulations provides that:
The employer status of any company or person shall terminate whenever such
company or person loses any of the characteristics essential to the existence
of an employer status.
Based on the information set forth above, it is clear that the character of
MSVR as a railroad no longer exists inasmuch as all of its railroad assets have
been sold and the corporation dissolved. Therefore, it is the determination of
the Railroad Retirement Board that Mississippi & Skuna Valley Railroad Company
ceased being an employer under the RRA and RUIA on December 31, 2010, the date
on which the corporation was dissolved.
Original signed by:
||FOR THE BOARD
Martha P. Rico
Secretary to the Board