Watco Companies, Inc.-Continuance in Control Exemption-Pacific Sun Railroad, L.L.C., 57728 [E8-23376]

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 https:// 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 https:// 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

Agencies

[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Page 57728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23376]


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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\
---------------------------------------------------------------------------

    \1\ Watco owns 100% of the issued and outstanding stock of PSRR.
---------------------------------------------------------------------------

    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, 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

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