Koch Industries, Inc.-Continuance in Control Exemption-Moscow Camden and San Augustine Railroad LLC, 7709-7710 [E7-2439]

Download as PDF Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Notices site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: March 19, 2007. (Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: February 9, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–2809 Filed 2–15–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–27073; Notice 1] sroberts on PROD1PC70 with NOTICES Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Nissan North America, Inc. (Nissan) has determined that the rims on certain vehicles that it produced in 2000 through 2005 do not comply with S5.2(a) and S5.2(c) of 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ‘‘Tire selection and rims for motor vehicles other than passenger cars.’’ Nissan has filed an appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Nissan has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Nissan’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are a total of approximately 5,000 optional dealer accessory wheels VerDate Aug<31>2005 19:03 Feb 15, 2007 Jkt 211001 that have been sold and have been installed on approximately 1,250-model year 2000 through 2005 Nissan Xterra multipurpose passenger vehicles and Frontier pickup trucks. S5.2 of FMVSS No. 120, rim marking, requires that each rim be marked with certain information on the weather side, including: S5.2(a) A designation which indicates the source of the rim’s published nominal dimensions, and S5.2(c) the symbol DOT. The rims installed on the affected vehicles do not contain the markings required by S5.2(a) or S5.2(c). Nissan has corrected the problem that caused these errors so that they will not be repeated in future production. Nissan believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Nissan states that the affected rims are 16″x7″ aluminum alloy, which are commonly available and utilized in the United States. They are a correct specification for mounting 16″ original equipment tires specified for Xterra and Frontier models, and are capable of carrying the gross vehicle weight rating (GVWR) of the vehicle. Nissan first became aware of the noncompliance of these vehicles during a regulatory compliance review during March 2006. Nissan states that no accidents or injuries have occurred, and no customer complaints have been received related to the lack of the markings or any problem that may have resulted from the lack of the markings. Nissan further states that the missing markings do not affect the performance of the wheels or the tire and wheel assemblies. The rims are marked in compliance with S5.2(b), rim size designation; S5.2(d), manufacturer identification; and S5.2(e) month, day and year or month and year of manufacture. The rims are also marked with a 4030S RSD20–10/20 part number. The tire size is marked on the tire sidewalls, and the owner’s manual and tire inflation pressure placard contain the appropriate tire size to be installed on the original equipment rims. Therefore, Nissan does not believe there is a possibility of a tire and rim mismatch as a result of the missing rim markings. All other requirements under FMVSS No. 120 are met. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 7709 Room PL–401, 400 Seventh Street, SW., Washington, DC, 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: March 19, 2007. Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8. Issued on: February 9, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7–2810 Filed 2–15–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34991] Koch Industries, Inc.—Continuance in Control Exemption—Moscow Camden and San Augustine Railroad LLC Koch Industries, Inc. (Koch Industries), a noncarrier, has filed a verified notice of exemption to indirectly continue in control of Moscow Camden and San Augustine Railroad LLC (MCSA), upon MCSA’s becoming a Class III rail carrier.1 The transaction is scheduled to be consummated after the effectiveness of the exemption, and no earlier than March 2, 2007. 1 Simultaneously with this filing, Koch Industries filed a motion for a protective order. The motion is being addressed in a separate Board decision. E:\FR\FM\16FEN1.SGM 16FEN1 7710 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Notices sroberts on PROD1PC70 with NOTICES The transaction is related to STB Finance Docket No. 34990, Moscow Camden and San Augustine Railroad LLC—Acquisition and Operation Exemption—Assets of Moscow, Camden & San Augustine Railroad, wherein Moscow Camden and San Augustine Railroad LLC seeks to acquire and operate the assets of Moscow, Camden & San Augustine Railroad.2 Upon the effectiveness of that exemption, MCSA will become an indirect wholly owned rail carrier subsidiary of Koch Industries. Koch Industries currently controls three other Class III rail carriers: Gloster Southern Railroad Company LLC (GSR), Blue Rapids Railway Company LLC (BRR), and Old Augusta Railroad, LLC (OAR).3 GSR operates an approximately 35-mile rail line between Gloster, MS, and Slaughter, LA, where it connects with Canadian National Railway. GSR’s direct parent is Georgia-Pacific Wood Products LLC, which is an indirect wholly owned subsidiary of GeorgiaPacific. BRR operates an approximately 10-mile rail line between Marysville and Bestwall, KS, connecting at the Marysville end to Union Pacific Railroad Company. BRR’s direct parent is Georgia-Pacific Gypsum LLC, which is an indirect wholly owned subsidiary of Georgia-Pacific. OAR operates an approximately 2.5-mile line between the Leaf River Pulp Mill in New Augusta, MS, and an interchange with Canadian National Railway in Mississippi. OAR’s direct parent is GP Cellulose, LLC, which is an affiliate of Georgia-Pacific. Koch Industries states that: (i) The railroads will not connect with each other or any railroads within its 2 Pursuant to an agreement dated December 21, 2006, between International Paper Company (International Paper), Georgia-Pacific Corporation (now Georgia-Pacific LLC) (Georgia-Pacific), and subsidiaries Georgia-Pacific Wood Products South LLC (Georgia-Pacific South) and Georgia-Pacific Holdings LLC, Georgia-Pacific South has agreed to purchase International Paper’s integrated plywood plant and lumber mill complex at Camden, TX. As part of the agreement, Georgia-Pacific South has also agreed to purchase the assets of Moscow, Camden & San Augustine Railroad, a 6.9-mile short line connecting International Paper’s Camden complex with a line of Union Pacific Railroad Company at Moscow, TX. Prior to the closing of the transaction, Georgia-Pacific South will assign its right to acquire the assets of the Moscow, Camden & San Augustine Railroad to MCSA, which is expected to be formed as a Delaware limited liability company and to acquire and operate those assets. 3 See Old Augusta Railroad, LLC—Acquisition and Operation Exemption—Assets of Old Augusta Railroad Company, STB Finance Docket No. 34493 (STB served Apr. 21, 2004); and Koch Forest Products, Inc. and Koch Industries, Inc.— Acquisition of Control Exemption—Gloster Southern Railroad Company and Blue Rapids Railway Company, STB Finance Docket No. 34784 (STB served Dec. 28, 2005). VerDate Aug<31>2005 19:03 Feb 15, 2007 Jkt 211001 corporate family, (ii) the transaction is not a part of a series of anticipated transactions that would connect any of these railroads with one another or any other railroad, 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 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. Petitions for stay must be filed no later than February 23, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34991, 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 David H. Coburn, 1330 Connecticut Ave., NW., Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: February 6, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–2439 Filed 2–15–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34956] Nittany and Bald Eagle Railroad Company—Temporary Trackage Rights Exemption-Norfolk Southern Railway Company Norfolk Southern Railway Company (NSR) has agreed to grant non-exclusive, temporary overhead trackage rights to Nittany and Bald Eagle Railroad PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Company (N&BE) over NSR’s line between milepost 194.2, Lock Haven, PA, and milepost 139.2, Driftwood, PA, a distance of approximately 55 miles.1 The transaction is scheduled to be consummated on or after March 4, 2007, the effective date of the exemption (30 days after the exemption was filed). The temporary trackage rights will expire on December 30, 2007. The purpose of the temporary trackage rights is to allow N&BE adequate bridge train service for temporary, seasonal traffic originating on the N&BE for delivery to an off-line destination. As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it 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. Any stay petition must be filed on or before February 23, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34956, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Richard R. Wilson, 127 Lexington Ave., Suite 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: February 8, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–2569 Filed 2–15–07; 8:45 am] BILLING CODE 4915–01–P 1 A redacted version of the trackage rights agreement between N& BE and NSR was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision. E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Notices]
[Pages 7709-7710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2439]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34991]


Koch Industries, Inc.--Continuance in Control Exemption--Moscow 
Camden and San Augustine Railroad LLC

    Koch Industries, Inc. (Koch Industries), a noncarrier, has filed a 
verified notice of exemption to indirectly continue in control of 
Moscow Camden and San Augustine Railroad LLC (MCSA), upon MCSA's 
becoming a Class III rail carrier.\1\
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    \1\ Simultaneously with this filing, Koch Industries filed a 
motion for a protective order. The motion is being addressed in a 
separate Board decision.
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    The transaction is scheduled to be consummated after the 
effectiveness of the exemption, and no earlier than March 2, 2007.

[[Page 7710]]

    The transaction is related to STB Finance Docket No. 34990, Moscow 
Camden and San Augustine Railroad LLC--Acquisition and Operation 
Exemption--Assets of Moscow, Camden & San Augustine Railroad, wherein 
Moscow Camden and San Augustine Railroad LLC seeks to acquire and 
operate the assets of Moscow, Camden & San Augustine Railroad.\2\ Upon 
the effectiveness of that exemption, MCSA will become an indirect 
wholly owned rail carrier subsidiary of Koch Industries.
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    \2\ Pursuant to an agreement dated December 21, 2006, between 
International Paper Company (International Paper), Georgia-Pacific 
Corporation (now Georgia-Pacific LLC) (Georgia-Pacific), and 
subsidiaries Georgia-Pacific Wood Products South LLC (Georgia-
Pacific South) and Georgia-Pacific Holdings LLC, Georgia-Pacific 
South has agreed to purchase International Paper's integrated 
plywood plant and lumber mill complex at Camden, TX. As part of the 
agreement, Georgia-Pacific South has also agreed to purchase the 
assets of Moscow, Camden & San Augustine Railroad, a 6.9-mile short 
line connecting International Paper's Camden complex with a line of 
Union Pacific Railroad Company at Moscow, TX. Prior to the closing 
of the transaction, Georgia-Pacific South will assign its right to 
acquire the assets of the Moscow, Camden & San Augustine Railroad to 
MCSA, which is expected to be formed as a Delaware limited liability 
company and to acquire and operate those assets.
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    Koch Industries currently controls three other Class III rail 
carriers: Gloster Southern Railroad Company LLC (GSR), Blue Rapids 
Railway Company LLC (BRR), and Old Augusta Railroad, LLC (OAR).\3\ GSR 
operates an approximately 35-mile rail line between Gloster, MS, and 
Slaughter, LA, where it connects with Canadian National Railway. GSR's 
direct parent is Georgia-Pacific Wood Products LLC, which is an 
indirect wholly owned subsidiary of Georgia-Pacific. BRR operates an 
approximately 10-mile rail line between Marysville and Bestwall, KS, 
connecting at the Marysville end to Union Pacific Railroad Company. 
BRR's direct parent is Georgia-Pacific Gypsum LLC, which is an indirect 
wholly owned subsidiary of Georgia-Pacific. OAR operates an 
approximately 2.5-mile line between the Leaf River Pulp Mill in New 
Augusta, MS, and an interchange with Canadian National Railway in 
Mississippi. OAR's direct parent is GP Cellulose, LLC, which is an 
affiliate of Georgia-Pacific.
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    \3\ See Old Augusta Railroad, LLC--Acquisition and Operation 
Exemption--Assets of Old Augusta Railroad Company, STB Finance 
Docket No. 34493 (STB served Apr. 21, 2004); and Koch Forest 
Products, Inc. and Koch Industries, Inc.--Acquisition of Control 
Exemption--Gloster Southern Railroad Company and Blue Rapids Railway 
Company, STB Finance Docket No. 34784 (STB served Dec. 28, 2005).
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    Koch Industries states that: (i) The railroads will not connect 
with each other or any railroads within its corporate family, (ii) the 
transaction is not a part of a series of anticipated transactions that 
would connect any of these railroads with one another or any other 
railroad, 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 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. 
Petitions for stay must be filed no later than February 23, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34991, 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 David H. Coburn, 1330 
Connecticut Ave., NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 6, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-2439 Filed 2-15-07; 8:45 am]
BILLING CODE 4915-01-P