Pacific Sun Railroad, L.L.C.-Lease and Operation Exemption-BNSF Railway Company, 57728-57729 [E8-23375]

Download as PDF 57728 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 14, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 23, 2008, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to CSXT’s representative: Kathryn R. Barney, CSX Transportation, Inc., 500 Water Street, J–150, Jacksonville, FL 32202. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by October 10, 2008. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 245–0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by CSXT’s filing of a notice of consummation by October 3, 2009, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. mstockstill on PROD1PC66 with NOTICES Decided: September 25, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–23072 Filed 10–2–08; 8:45 am] BILLING CODE 4915–01–P 3 Effective July 18, 2008, the filing fee for an OFA increased to $1,500. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2008 Update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 2008). VerDate Aug<31>2005 23:33 Oct 02, 2008 Jkt 217001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35174] Watco Companies, Inc.—Continuance in Control Exemption—Pacific Sun Railroad, L.L.C. Watco Companies, Inc. (Watco), a noncarrier, has filed a verified notice of exemption to continue in control of Pacific Sun Railroad, L.L.C. (PSRR), upon PSRR’s becoming a Class III rail carrier.1 This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35173, Pacific Sun Railroad, L.L.C.— Lease and Operation Exemption—BNSF Railway Company. In that proceeding, PSRR seeks an exemption under 49 CFR 1150.31 to lease from BNSF Railway Company (BNSF) and to operate approximately 21.5 miles of rail line and rail freight easement between specified points in California. In addition, PSRR will receive incidental trackage rights from BNSF to provide local service over an approximately 45.49-mile reserved rail freight service easement in California. The parties intend to consummate the transaction on or about October 24, 2008, and hence after the October 17, 2008 effective date of the exemption. Watco currently controls 18 Class III rail carriers: South Kansas and Oklahoma Railroad Company, Palouse River & Coulee City Railroad, Inc., Timber Rock Railroad, Inc., Stillwater Central Railroad, Inc., Eastern Idaho Railroad, Inc., Kansas & Oklahoma Railroad, Inc., Pennsylvania Southwestern Railroad, Inc., Great Northwest Railroad, Inc., Kaw River Railroad, Inc., Mission Mountain Railroad, Inc., Mississippi Southern Railroad, Inc., Yellowstone Valley Railroad, Inc., Louisiana Southern Railroad, Inc., Arkansas Southern Railroad, Inc., Alabama Southern Railroad, Inc., Vicksburg Southern Railroad, Inc, Austin Western Railroad, Inc, and Baton Rouge Southern Railroad, LLC. Watco represents that: (1) The rail lines to be operated by PSRR do not connect with any other railroads in the 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, 1 Watco owns 100% of the issued and outstanding stock of PSRR. PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 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 October 10, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35174, 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: September 26, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–23376 Filed 10–2–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35173] Pacific Sun Railroad, L.L.C.—Lease and Operation Exemption—BNSF Railway Company Pacific Sun Railroad, L.L.C. (PSRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, by lease, and to operate approximately 21.5 miles of BNSF Railway Company’s (BNSF) rail lines and freight rail easement in California.1 1 PSRR states that it has been negotiating an agreement with BNSF and expects to finalize the agreement in the very near future. According to PSRR, the agreement will not contain any provision E:\FR\FM\03OCN1.SGM 03OCN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices PSRR will lease BNSF’s approximately 21.2-mile reserved rail freight service easement over the Escondido Subdivision rail corridor between milepost 0.0, at Oceanside Junction, CA, and milepost 21.2, at the end of the corridor, in Escondido, CA. PSRR will also lease BNSF’s approximately 0.3mile (not including the yard tracks) Miramar Spur and rail yard located east of milepost 252.9 on BNSF’s San Diego Subdivision. BNSF will also grant PSRR incidental trackage rights to provide local service over BNSF’s approximately 45.49-mile reserved rail freight service easement on the San Diego Subdivision between milepost 252.9, near San Diego, CA, and milepost 207.41, at the San Diego County and Orange County border, including the Stuart Mesa Yard. This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35174, Watco Companies, Inc.— Continuance in Control Exemption— Pacific Sun Railroad, L.L.C. In that proceeding, Watco Companies, Inc., has filed a verified notice of exemption to continue in control of PSRR upon PSRR’s becoming a Class III rail carrier. PSRR certifies that its projected annual revenues as a result of the transaction will not result in PSRR becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. The transaction is expected to be consummated on or about October 24, 2008, and hence after the October 17, 2008 effective date of the exemption. Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 110–161, § 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 October 10, 2008 (at least 7 days before the exemption becomes effective). that prohibits PSRR from interchanging traffic with a third party. VerDate Aug<31>2005 23:33 Oct 02, 2008 Jkt 217001 An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35173, 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: September 26, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–23375 Filed 10–2–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations, Foreign Narcotics Kingpin Designation Act 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 8 additional individuals whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 U.S.C. 1182). DATES: The designation by the Director of OFAC of the eight individuals identified in this notice pursuant to section 805(b) of the Kingpin Act is effective on September 30, 2008. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available on OFAC’s Web site (http:// www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand service, tel.: (202) 622–0077. Background The Kingpin Act became law on December 3, 1999. The Kingpin Act establishes a program targeting the activities of significant foreign narcotics PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 57729 traffickers and their organizations on a worldwide basis. It provides a statutory framework for the President to impose sanctions against significant foreign narcotics traffickers and their organizations on a worldwide basis, with the objective of denying their businesses and agents access to the U.S. financial system and to the benefits of trade and transactions involving U.S. companies and individuals. The Kingpin Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by significant foreign narcotics traffickers as identified by the President. In addition, the Secretary of the Treasury consults with the Attorney General, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security when designating and blocking the property and interests in property, subject to U.S. jurisdiction, of persons who are found to be: (1) Materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a person designated pursuant to the Kingpin Act; (2) owned, controlled, or directed by, or acting for or on behalf of, a person designated pursuant to the Kingpin Act; or (3) playing a significant role in international narcotics trafficking. On September 30, 2008, OFAC designated eight additional individuals whose property and interests in property are blocked pursuant to section 805(b) of the Foreign Narcotics Kingpin Designation Act. The list of additional designees is as follows: 1. LESMES BULLA, Jairo Alfonso (a.k.a. CALDERON, Javier); Colombia; DOB 25 Mar 1947; Citizen Colombia; Cedula No. 17164408 (Colombia); International FARC Commission Member for Argentina, Chile, Uruguay, and Paraguay; (INDIVIDUAL) [SDNTK]. 2. TREJO FREIRE, Efrain Pablo (a.k.a. TREJOS FREYRE, Pablo); Colombia; DOB 07 Jun 1951; Citizen Colombia; Cedula No. 13004986 (Colombia); International FARC Commission Member for Peru; (INDIVIDUAL) [SDNTK]. 3. JURADO PALOMINO, Orlay (a.k.a. ‘‘Libardo Antonio BENAVIDES MONCAYO’’; a.k.a. ‘‘Commander Hermes’’); Colombia; DOB 09 Feb 1950; Citizen Colombia; Cedula No. 7245990 (Colombia); International FARC E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57728-57729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23375]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35173]


Pacific Sun Railroad, L.L.C.--Lease and Operation Exemption--BNSF 
Railway Company

    Pacific Sun Railroad, L.L.C. (PSRR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire, by lease, 
and to operate approximately 21.5 miles of BNSF Railway Company's 
(BNSF) rail lines and freight rail easement in California.\1\

[[Page 57729]]

PSRR will lease BNSF's approximately 21.2-mile reserved rail freight 
service easement over the Escondido Subdivision rail corridor between 
milepost 0.0, at Oceanside Junction, CA, and milepost 21.2, at the end 
of the corridor, in Escondido, CA. PSRR will also lease BNSF's 
approximately 0.3-mile (not including the yard tracks) Miramar Spur and 
rail yard located east of milepost 252.9 on BNSF's San Diego 
Subdivision.
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    \1\ PSRR states that it has been negotiating an agreement with 
BNSF and expects to finalize the agreement in the very near future. 
According to PSRR, the agreement will not contain any provision that 
prohibits PSRR from interchanging traffic with a third party.
---------------------------------------------------------------------------

    BNSF will also grant PSRR incidental trackage rights to provide 
local service over BNSF's approximately 45.49-mile reserved rail 
freight service easement on the San Diego Subdivision between milepost 
252.9, near San Diego, CA, and milepost 207.41, at the San Diego County 
and Orange County border, including the Stuart Mesa Yard.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35174, Watco Companies, Inc.--
Continuance in Control Exemption--Pacific Sun Railroad, L.L.C. In that 
proceeding, Watco Companies, Inc., has filed a verified notice of 
exemption to continue in control of PSRR upon PSRR's becoming a Class 
III rail carrier.
    PSRR certifies that its projected annual revenues as a result of 
the transaction will not result in PSRR becoming a Class II or Class I 
rail carrier and further certifies that its projected annual revenues 
will not exceed $5 million.
    The transaction is expected to be consummated on or about October 
24, 2008, and hence after the October 17, 2008 effective date of the 
exemption.
    Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 
110-161, Sec.  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 October 10, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35173, 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: September 26, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-23375 Filed 10-2-08; 8:45 am]
BILLING CODE 4915-01-P