US Rail Partners, Ltd.-Continuance in Control Exemption-Eastern Washington Gateway Railroad Company, 30663 [E7-10628]

Download as PDF Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m., except for Federal holidays. Alternatively, you may submit your comments electronically by logging on to the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help and Information’’ or ‘‘Help/Info’’ to view instructions for filing your comments electronically. Regardless of how you submit your comments, refer to the docket number of this document. FOR FURTHER INFORMATION CONTACT: Complete copies of each request for information collection may be obtained from Mr. Jeff Woods at the National Highway Traffic Safety Administration (NHTSA), Office of Crash Avoidance Standards, 202–366–6206. By mail: NVS–122, West Building, 1200 New Jersey Ave., SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: hsrobinson on PROD1PC76 with NOTICES National Highway Traffic Safety Administration Title: Brake Hose Manufacturing Identification, Federal Motor Vehicle Safety Standard (FMVSS) No. 106. OMB Control Number: 2127–0052. Type of Request: Request for public comment on a previously approved collection of information. Abstract: Each manufacturer of brake hoses is required to register their manufacturing identification marks with NHTSA, in accordance with requirements in FMVSS No. 106, Brake Hoses. Manufacturer markings are typically put on motor vehicle brake hoses so that the manufacturer can be identified if a safety problem occurs with brake hoses installed on vehicles. Brake hose manufacturers register approximately 20 new identification marks each year, by submitting a request letter sent via U.S. mail, facsimile, or email. Affected Public: Business or other forprofit. Estimated Total Annual Burden: 30 hours and $3,000. Comments Are Invited On • Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility. • Whether the Department’s estimate for the burden of the proposed information collection is accurate. • Ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is most effective if OMB receives it within 30 days of VerDate Aug<31>2005 18:10 May 31, 2007 Jkt 211001 publication. The agency published a Federal Register notice informing the public of its intent to renew this information collection on February 14, 2007 (72 FR 7113). No comments were received in response to that notice. Issued on: May 29, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–10604 Filed 5–31–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35030] US Rail Partners, Ltd.—Continuance in Control Exemption—Eastern Washington Gateway Railroad Company 30663 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 June 8, 2007, unless the Board grants the joint petition of EWGR and USRP to make their exemptions effective sooner, in which case the due date for stays will be established in the Board’s decision acting on the joint petition. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35030, 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 C. Sippel, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. US Rail Partners, Ltd. (USRP), a noncarrier holding company, has filed a verified notice of exemption to continue in control of Eastern Washington Gateway Railroad Company (EWGR), upon EWGR’s becoming a Class III rail carrier. The earliest this transaction may be consummated is the June 15, 2007 effective date of the exemption (30 days after the exemption was filed).1 This transaction is related to STB Finance Docket No. 35029, Eastern Washington Gateway Railroad Company—Lease and Operation Exemption—Washington State Department of Transportation, wherein EWGR seeks to lease and operate approximately 107.8 miles of railroad, known as the CW Branch, that are in the process of being acquired by the Washington State Department of Transportation from Palouse River and Coulee City Railroad, Inc. USRP currently controls through stock ownership one Class III rail carrier, Blackwell Northern Gateway Railroad Company (BNGR). BNGR operates approximately 35 miles of rail line between Wellington, KS, and Blackwell, OK. USRP 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 Eastern Washington Gateway Railroad Company—Lease and Operation Exemption—Washington State Department of Transportation 1 On May 18, 2007, USRP and EWGR filed a joint petition requesting that the Board partially revoke the class exemptions as necessary to allow the exemptions in this proceeding and in STB Finance Docket No. 35029 to become effective on June 4, 2007, instead of on June 15, 2007. That request will be addressed in a separate Board decision. Eastern Washington Gateway Railroad Company (EWGR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease and to operate approximately 107.8 miles of rail line that are in the PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Decided: May 24, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–10628 Filed 5–31–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35029] E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Notices]
[Page 30663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10628]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35030]


US Rail Partners, Ltd.--Continuance in Control Exemption--Eastern 
Washington Gateway Railroad Company

    US Rail Partners, Ltd. (USRP), a noncarrier holding company, has 
filed a verified notice of exemption to continue in control of Eastern 
Washington Gateway Railroad Company (EWGR), upon EWGR's becoming a 
Class III rail carrier.
    The earliest this transaction may be consummated is the June 15, 
2007 effective date of the exemption (30 days after the exemption was 
filed).\1\
---------------------------------------------------------------------------

    \1\ On May 18, 2007, USRP and EWGR filed a joint petition 
requesting that the Board partially revoke the class exemptions as 
necessary to allow the exemptions in this proceeding and in STB 
Finance Docket No. 35029 to become effective on June 4, 2007, 
instead of on June 15, 2007. That request will be addressed in a 
separate Board decision.
---------------------------------------------------------------------------

    This transaction is related to STB Finance Docket No. 35029, 
Eastern Washington Gateway Railroad Company--Lease and Operation 
Exemption--Washington State Department of Transportation, wherein EWGR 
seeks to lease and operate approximately 107.8 miles of railroad, known 
as the CW Branch, that are in the process of being acquired by the 
Washington State Department of Transportation from Palouse River and 
Coulee City Railroad, Inc.
    USRP currently controls through stock ownership one Class III rail 
carrier, Blackwell Northern Gateway Railroad Company (BNGR). BNGR 
operates approximately 35 miles of rail line between Wellington, KS, 
and Blackwell, OK.
    USRP 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 June 8, 2007, unless the 
Board grants the joint petition of EWGR and USRP to make their 
exemptions effective sooner, in which case the due date for stays will 
be established in the Board's decision acting on the joint petition.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35030, 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 C. Sippel, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 24, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10628 Filed 5-31-07; 8:45 am]
BILLING CODE 4915-01-P

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