Justia Regulation Tracker

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[Federal Register: October 2, 2009 (Volume 74, Number 190)]
[Notices]               
[Page 50998-50999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc09-78]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35259]

 
Boise Valley Railroad, Inc.--Assignment of Lease Exemption--Union 
Pacific Railroad Company and Idaho Northern & Pacific Railroad Company

    Boise Valley Railroad, Inc. (BVR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by 
assignment of lease from Idaho Northern and Pacific Railroad Company 
(INPR) the operating and lease rights over approximately 35.99 miles 
(not including yard tracks) of rail lines owned by Union Pacific 
Railroad Company (UP). The lines BVR seeks to acquire by assignment of 
lease are: (i) between milepost 0.2, near Caldwell, ID, and milepost 
11.39, at Wilder; ID; (ii) between milepost 443.0, near Hillcrest, ID, 
and milepost 467.8, at Nampa, ID; and (iii) track numbers 40, 401, 402, 
403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414, and 415 in UP's 
Nampa Yard, at Nampa. BVR will also acquire by assignment from INPR 
approximately 12.11 miles of incidental trackage rights over two 
segments of UP's lines in order to interchange traffic with UP at Nampa 
and to access one of the leased lines. The incidental trackage rights 
BVR seeks to acquire by assignment of lease are between: (i) milepost 
465.91, at Caldwell, and milepost 454.0, at Nampa; and (ii) milepost 
465.91, at Caldwell, and milepost 0.2, near Caldwell, on the Wilder 
Branch.\1\
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    \1\ According to BVR, neither the assignment of lease between 
INPR and BVR nor the lease agreement being assigned contains any 
provision that would prohibit BVR from interchanging traffic with a 
third party.
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    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35260, Watco Companies, Inc--
Continuance in Control Exemption--Boise Valley

[[Page 50999]]

Railroad, Inc. In that proceeding, Watco seeks to continue in control 
of BVR, upon BVR's becoming a Class III rail carrier.
    The transaction is scheduled to be consummated on or after October 
16, 2009, (the effective date of the exemption).
    BVR certifies that its projected annual revenues as a result of 
this transaction will not result in BVR becoming a Class II or Class I 
rail carrier and further certifies that its projected annual revenue 
will not exceed $5 million.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    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 to stay must be filed no later than October 9, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35259 must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy must be served on Karl Morell, Of Counsel, Ball Janik LLP, 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: September 28, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-23758 Filed 10-1-09; 8:45 am]

BILLING CODE 4915-01-P

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