Sacramento Valley Railroad, Inc.-Operation Exemption-McClellan Business Park LLC, 8745 [E8-2770]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Page 8745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2770]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35117]


Sacramento Valley Railroad, Inc.--Operation Exemption--McClellan 
Business Park LLC

    Sacramento Valley Railroad, Inc. (SAVR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate, pursuant 
to an agreement that will be completed by March 1, 2008, with McClellan 
Business Park LLC (MBP), over MBP's approximately 7-mile line of 
unmarked railroad within McClellan Business Park, in McClellan, 
Sacramento County, CA.
    SAVR advises that MBP's predecessor entered into a license and 
operating agreement with the Yolo Shortline Railroad Company (Yolo) on 
February 6, 2001.\1\ Sierra Railroad Company acquired control of Yolo 
\2\ and began operating the line.\3\ MBP notified Yolo's successor that 
the license to operate would not be renewed and put the operation of 
the line out for bid. SAVR was the winning bidder.
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    \1\ See Yolo Shortline Railroad Company--Acquisition and 
Operation Exemption--County of Sacramento, CA, STB Finance Docket 
No. 34018 (STB served Mar. 27, 2001).
    \2\ See Sierra Railroad Company--Acquisition of Control 
Exemption--Yolo Shortline Railroad Company, STB Finance Docket No. 
34351 (STB served June 11, 2003).
    \3\ See Sierra Railroad Company--Corporate Family Transaction 
Exemption--Yolo Shortline Railroad Company, STB Finance Docket No. 
34360 (STB served June 23, 2003).
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    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 35118, Patriot Rail, LLC, 
Patriot Rail Holdings LLC, and Patriot Rail Corp.--Continuance in 
Control Exemption--Sacramento Valley Railroad, Inc. In that proceeding, 
Patriot Rail, LLC and its subsidiaries, Patriot Rail Holdings LLC and 
Patriot Rail Corp., jointly have filed a verified notice of exemption 
to continue in control of SAVR, upon SAVR's becoming a rail carrier.
    The transaction is scheduled to be consummated on or after March 1, 
2008, and hence after the February 28, 2008 effective date of the 
exemption.
    SAVR certifies that its projected annual revenues as a result of 
this transaction would not exceed those that would qualify it as a 
Class III rail carrier and further certifies that its projected annual 
revenues will not exceed $5 million.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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 for stay must be filed no later than February 21, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35117, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Louis E. Gitomer, Esq., 600 
Baltimore Ave., Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-2770 Filed 2-13-08; 8:45 am]
BILLING CODE 4915-01-P