Baton Rouge Southern Railroad, LLC-Lease and Operation Exemption-The Kansas City Southern Railway Company, 45101 [E8-17446]

Download as PDF Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices Watco corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect these rail lines with any other railroad in the Watco corporate family; and (3) the transaction does not involve a Class I rail carrier. 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 effectiveness of the exemption. Stay petitions must be filed no later than August 8, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35169, 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 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: July 25, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–17450 Filed 7–31–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board mstockstill on PROD1PC66 with NOTICES [STB Finance Docket No. 35159] Baton Rouge Southern Railroad, LLC— Lease and Operation Exemption—The Kansas City Southern Railway Company Baton Rouge Southern Railroad, LLC (BRSR), a noncarrier, has filed a verified notice of exemption under 49 CFR VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 1150.31 to acquire, by lease, and to operate approximately 8.2 miles of rail line of The Kansas City Southern Railway Company (KCS) in Louisiana.1 The lines to be leased and operated are: (1) KCS’s UTL Lead located between the end of the turnout of switch near milepost 216.0 ‘‘D-Line’’ of the New Orleans Subdivision and extending west approximately 2 miles to the end of the UTL Lead; and (2) the tracks in KCS’s New Yard and Dome Yard, approximately 6.2 miles. According to BRSR, the lease agreement will contain a provision that prohibits BRSR from interchanging traffic with a third party at Baton Rouge, LA. This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35169, Watco Companies, Inc.— Continuance in Control Exemption— Baton Rouge Southern Railroad, LLC. In that proceeding, Watco Companies, Inc., has filed a verified notice of exemption to continue in control of BRSR upon BRSR’s becoming a Class III rail carrier. BRSR certifies that its projected annual revenues as a result of the transaction will not result in BRSR becoming a Class II or Class I rail carrier. However, because its projected annual revenues will exceed $5 million, BRSR also certifies that it has complied with the notice requirements of 49 CFR 1150.32(e). The transaction is expected to be consummated on or shortly after August 19, 2008, 60 days after BRSR’s certification of the notice requirements of section 1150.32(e). 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 states that it has been negotiating an agreement with KCS for several months and that all essential terms have been agreed to between the parties. The agreement is expected to be finalized soon. PO 00000 1 BRSR Frm 00145 Fmt 4703 Sfmt 4703 45101 be filed no later than August 12, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35159, 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 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: July 25, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–17446 Filed 7–29–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations Pursuant to New Zimbabwe Executive Order Signed by President Bush on July 25, 2008 ‘‘Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe’’ (the ‘‘Order’’) Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of seventeen newly-designated entities and one individual whose property and interests in property are blocked pursuant to the Order. DATES: The designation by the Director of OFAC of the seventeen entities and one individual identified in this notice, pursuant to the Order is effective July 25, 2008. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue, NW. (Treasury Annex), Washington, DC 20220, Tel.: 202/622– 2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability Information about this designation and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via E:\FR\FM\01AUN1.SGM 01AUN1

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[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 45101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17446]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35159]


Baton Rouge Southern Railroad, LLC--Lease and Operation 
Exemption--The Kansas City Southern Railway Company

    Baton Rouge Southern Railroad, LLC (BRSR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire, by 
lease, and to operate approximately 8.2 miles of rail line of The 
Kansas City Southern Railway Company (KCS) in Louisiana.\1\ The lines 
to be leased and operated are: (1) KCS's UTL Lead located between the 
end of the turnout of switch near milepost 216.0 ``D-Line'' of the New 
Orleans Subdivision and extending west approximately 2 miles to the end 
of the UTL Lead; and (2) the tracks in KCS's New Yard and Dome Yard, 
approximately 6.2 miles.
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    \1\ BRSR states that it has been negotiating an agreement with 
KCS for several months and that all essential terms have been agreed 
to between the parties. The agreement is expected to be finalized 
soon.
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    According to BRSR, the lease agreement will contain a provision 
that prohibits BRSR from interchanging traffic with a third party at 
Baton Rouge, LA.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35169, Watco Companies, Inc.--
Continuance in Control Exemption--Baton Rouge Southern Railroad, LLC. 
In that proceeding, Watco Companies, Inc., has filed a verified notice 
of exemption to continue in control of BRSR upon BRSR's becoming a 
Class III rail carrier.
    BRSR certifies that its projected annual revenues as a result of 
the transaction will not result in BRSR becoming a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, BRSR also certifies that it has complied with the 
notice requirements of 49 CFR 1150.32(e).
    The transaction is expected to be consummated on or shortly after 
August 19, 2008, 60 days after BRSR's certification of the notice 
requirements of section 1150.32(e).
    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 August 12, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35159, 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 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: July 25, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-17446 Filed 7-29-08; 8:45 am]
BILLING CODE 4915-01-P