Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp.-Control Exemption-The Louisiana and North West Railroad Company LLC, 28549 [E8-10848]
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Federal Register / Vol. 73, No. 96 / Friday, May 16, 2008 / Notices
provided adequate reasons for its belief
that the antitheft device will reduce and
deter theft. This conclusion is based on
the information smart USA provided
about its antitheft device.
For the foregoing reasons, the agency
hereby grants in full smart USA’s
petition for exemption for the fortwo
vehicle line from the parts-marking
requirements of 49 CFR part 541. The
agency notes that 49 CFR part 541,
Appendix A–1, identifies those lines
that are exempted from the Theft
Prevention Standard for a given model
year. 49 CFR part 543.7(f) contains
publication requirements incident to the
disposition of all part 543 petitions.
Advanced listing, including the release
of future product nameplates, the
beginning model year for which the
petition is granted and a general
description of the antitheft device is
necessary in order to notify law
enforcement agencies of new vehicle
lines exempted from the parts-marking
requirements of the Theft Prevention
Standard.
If smart USA decides not to use the
exemption for this line, it must formally
notify the agency. If such a decision is
made, the line must be fully marked
according to the requirements under 49
CFR parts 541.5 and 541.6 (marking of
major component parts and replacement
parts).
NHTSA notes that if smart USA
wishes in the future to modify the
device on which this exemption is
based, the company may have to submit
a petition to modify the exemption. Part
543.7(d) states that a part 543 exemption
applies only to vehicles that belong to
a line exempted under this part and
equipped with the anti-theft device on
which the line’s exemption is based.
Further, part 543.9(c)(2) provides for the
submission of petitions ‘‘to modify an
exemption to permit the use of an
antitheft device similar to but differing
from the one specified in that
exemption.’’
The agency wishes to minimize the
administrative burden that part
543.9(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates
making any changes, the effects of
which might be characterized as de
minimis, it should consult the agency
before preparing and submitting a
petition to modify.
VerDate Aug<31>2005
16:18 May 15, 2008
Jkt 214001
Authority: 49 U.S.C. 33106; delegation of
authority at 49 CFR 1.50.
Issued on: May 12, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8–10983 Filed 5–15–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35138]
Patriot Rail, LLC, Patriot Rail Holdings
LLC, and Patriot Rail Corp.—Control
Exemption—The Louisiana and North
West Railroad Company LLC
Patriot Rail, LLC (PRL) and its
subsidiaries, Patriot Rail Holdings LLC
(PRH) and Patriot Rail Corp. (Patriot)
(collectively, applicants), jointly have
filed a verified notice of exemption to
permit PRL, PRH, and Patriot to acquire
control of The Louisiana and North
West Railroad Company LLC (L&NW)
through Patriot’s acquisition of 100% of
the membership interests and/or
substantially all of the assets of L&NW,
pursuant to a Letter of Intent dated
April 8, 2008.1 Applicants state that a
Purchase and Sale Agreement, as
required by 49 CFR 1180.6(a)(7)(ii), will
be entered prior to closing.
PRL is a noncarrier limited liability
company that owns 51% of the equity
interests in PRH, which, in turn, owns
100% of the stock of Patriot. Patriot is
a noncarrier holding company that
controls the following Class III railroads:
(1) The Tennessee Southern Railroad
Company, operating in Tennessee and
Alabama; (2) Rarus Railway Company,
operating in Montana; (3) Utah Central
Railway Company, operating in Utah;
and (4) Sacramento Valley Railroad,
Inc., operating in California. LN&W, a
Class III rail carrier, owns and operates
an approximately 62.6-mile line of
railroad between McNeil, AR, and
Gibsland, LA, and leases a 6.5-mile line
of railroad between McNeil and
Magnolia, AR, from the Union Pacific
Railroad Company. Pursuant to the
transaction, Patriot will acquire direct
control of L&NW. PRL and PRH,
through their control of Patriot, will
acquire indirect control of L&NW.
The transaction is scheduled to be
consummated on or after the date that
this notice becomes effective (which
will occur on May 30, 2008).
Applicants state that: (i) The rail lines
involved in this transaction do not
connect with any rail lines now
controlled, directly or indirectly, by
PRL, PRH, or Patriot; (ii) the acquisition
of control of L&NW by PRL, PRH, and
Patriot is not part of a series of
anticipated transactions that would
connect any of these railroads with each
other or any railroad in their corporate
family; and (iii) this transaction does
not involve a Class I carrier. Therefore,
this 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 rail 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 effectiveness of
the exemption. Petitions for stay must
be filed no later than May 23, 2008 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35138, 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 Louis E.
Gitomer, Esq., Law Offices of Louis E.
Gitomer, 600 Baltimore Avenue, Suite
301, Towson, MD 21204.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: May 8, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–10848 Filed 5–15–08; 8:45 am]
BILLING CODE 4915–01–P
1 A redacted version of the Letter of Intent was
included with the notice. The full version of the
Letter of Intent was concurrently filed under seal
along with a motion for protective order. The
motion for protective order is being addressed in a
separate decision.
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Agencies
[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Page 28549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10848]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35138]
Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail
Corp.--Control Exemption--The Louisiana and North West Railroad Company
LLC
Patriot Rail, LLC (PRL) and its subsidiaries, Patriot Rail Holdings
LLC (PRH) and Patriot Rail Corp. (Patriot) (collectively, applicants),
jointly have filed a verified notice of exemption to permit PRL, PRH,
and Patriot to acquire control of The Louisiana and North West Railroad
Company LLC (L&NW) through Patriot's acquisition of 100% of the
membership interests and/or substantially all of the assets of L&NW,
pursuant to a Letter of Intent dated April 8, 2008.\1\ Applicants state
that a Purchase and Sale Agreement, as required by 49 CFR
1180.6(a)(7)(ii), will be entered prior to closing.
---------------------------------------------------------------------------
\1\ A redacted version of the Letter of Intent was included with
the notice. The full version of the Letter of Intent was
concurrently filed under seal along with a motion for protective
order. The motion for protective order is being addressed in a
separate decision.
---------------------------------------------------------------------------
PRL is a noncarrier limited liability company that owns 51% of the
equity interests in PRH, which, in turn, owns 100% of the stock of
Patriot. Patriot is a noncarrier holding company that controls the
following Class III railroads: (1) The Tennessee Southern Railroad
Company, operating in Tennessee and Alabama; (2) Rarus Railway Company,
operating in Montana; (3) Utah Central Railway Company, operating in
Utah; and (4) Sacramento Valley Railroad, Inc., operating in
California. LN&W, a Class III rail carrier, owns and operates an
approximately 62.6-mile line of railroad between McNeil, AR, and
Gibsland, LA, and leases a 6.5-mile line of railroad between McNeil and
Magnolia, AR, from the Union Pacific Railroad Company. Pursuant to the
transaction, Patriot will acquire direct control of L&NW. PRL and PRH,
through their control of Patriot, will acquire indirect control of
L&NW.
The transaction is scheduled to be consummated on or after the date
that this notice becomes effective (which will occur on May 30, 2008).
Applicants state that: (i) The rail lines involved in this
transaction do not connect with any rail lines now controlled, directly
or indirectly, by PRL, PRH, or Patriot; (ii) the acquisition of control
of L&NW by PRL, PRH, and Patriot is not part of a series of anticipated
transactions that would connect any of these railroads with each other
or any railroad in their corporate family; and (iii) this transaction
does not involve a Class I carrier. Therefore, this 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 rail 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 effectiveness of the
exemption. Petitions for stay must be filed no later than May 23, 2008
(at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35138, 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 Louis E. Gitomer, Esq., Law
Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson,
MD 21204.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: May 8, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-10848 Filed 5-15-08; 8:45 am]
BILLING CODE 4915-01-P