Grand Elk Railroad, L.L.C.-Lease and Operation Exemption-Norfolk Southern Railway Company, 67927 [E8-27133]
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Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices
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You may view documents submitted
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The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
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authority indicated below.
Comment closing date: December 17,
2008.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: November 10, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–27239 Filed 11–14–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35187]
Grand Elk Railroad, L.L.C.—Lease and
Operation Exemption—Norfolk
Southern Railway Company
jlentini on PROD1PC65 with NOTICES
Grand Elk Railroad, L.L.C. (GER), a
noncarrier,1 has filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire, by lease, and to operate
approximately 122.9 miles of Norfolk
Southern Railway Company (NS) rail
lines in Michigan and Indiana.2 The
lines to be leased and operated are
located between: (1) Milepost KH 1.4 at
Elkhart, IN, and milepost KH 27.4 at
Three Rivers, MI; (2) milepost FB 27.3
at Three Rivers, MI, and milepost FB
102.3 at Grand Rapids, MI; (3) milepost
KZ 94.25 and milepost KZ 95.0
(Kalamazoo Industrial Track); (4)
milepost OW 66.6 and milepost OW
70.24 (Plainwell Industrial Track); (5)
1 GER is a wholly owned subsidiary of Watco
Companies, Inc.
2 GER and NS have entered into a lease
agreement. According to GER, the lease agreement
does not contain any provision that prohibits GER
from interchanging traffic with a third party.
VerDate Aug<31>2005
18:18 Nov 14, 2008
Jkt 217001
milepost XH 88.10 and milepost XH
92.40 (Hastings Running Track); (6)
milepost CQ 42.8 and milepost CQ 43.9
(CK&S Industrial Track); (7) milepost
KY 0.0 and milepost 3.2 ( B O
Secondary); (8) milepost UP 0.0 and
milepost UP 6.7 (Upjohn Secondary); (9)
milepost QY 421.2 and milepost QY
421.3 (Quincy Secondary); (10) milepost
VW 106.0 and milepost VW 106.9
(Comstock Industrial Track); (11)
milepost AZ 69.6 and milepost AZ 70.4
(Airline Extension); and (12) milepost IJ
44.3 and milepost IJ 44.7 (CK&S
Industrial Track), along with the yard
tracks in Botsford Yard located between
milepost MH 141.8 and milepost MH
142.7.
NS will also grant GER incidental
trackage rights over approximately 0.43
miles of NS rail line located between
milepost 143.03 and milepost 142.6 at
Botsford Yard.
This transaction is related to STB
Finance Docket No. 35188, Watco
Companies, Inc.—Continuance in
Control Exemption—Grand Elk
Railroad, L.L.C. In that proceeding,
Watco Companies, Inc. has concurrently
filed a verified notice of exemption to
continue in control of GER upon GER’s
becoming a Class III rail carrier.
GER certifies that its projected annual
revenues as a result of the transaction
will not result in GER’s becoming a
Class II or Class I rail carrier. Because
its projected annual revenues may
exceed $5 million, however, GER states
that it is in the process of complying
with the 60-day labor notice
requirement at 49 CFR 1150.32(e).
GER states that it expects to
consummate the transaction some time
after the effective date of the exemption.
However, the exemption cannot become
effective and consummation of this
transaction cannot occur until 60 days
after GER certifies to the Board that it
has satisfied the labor notice
requirement.
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
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
67927
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed at least 7 days before the
exemption becomes effective.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35187, 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 https://
www.stb.dot.gov.
Decided: November 10, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8–27133 Filed 11–14–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35188]
Watco Companies, Inc.—Continuance
in Control Exemption—Grand Elk
Railroad, L.L.C.
Watco Companies, Inc. (Watco), a
noncarrier, has filed a verified notice of
exemption to continue in control of
Grand Elk Railroad, L.L.C. (GER), upon
GER’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.
35187, Grand Elk Railroad, L.L.C.—
Lease and Operation Exemption-Norfolk
Southern Railway Company. In that
proceeding, GER seeks an exemption
under 49 CFR 1150.31 to lease from
Norfolk Southern Railway Company
(NS) and to operate approximately 122.9
miles of rail line between specified
points in Michigan and Indiana. NS will
also grant GER incidental trackage rights
over approximately 0.43 miles of NS rail
line located at Botsford Yard.
The parties intend to consummate the
transaction after the effective date of the
exemption sought in the related filing in
STB Finance Docket No. 35187.2
Watco currently controls 19 Class III
rail carriers: South Kansas and
Oklahoma Railroad Company, Palouse
River & Coulee City Railroad, Inc.,
1 Watco owns 100% of the issued and outstanding
stock of GER.
2 That exemption cannot become effective until
GER has complied with the 60-day labor notice
requirement at 49 CFR 1150.32(e).
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Notices]
[Page 67927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27133]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35187]
Grand Elk Railroad, L.L.C.--Lease and Operation Exemption--
Norfolk Southern Railway Company
Grand Elk Railroad, L.L.C. (GER), a noncarrier,\1\ has filed a
verified notice of exemption under 49 CFR 1150.31 to acquire, by lease,
and to operate approximately 122.9 miles of Norfolk Southern Railway
Company (NS) rail lines in Michigan and Indiana.\2\ The lines to be
leased and operated are located between: (1) Milepost KH 1.4 at
Elkhart, IN, and milepost KH 27.4 at Three Rivers, MI; (2) milepost FB
27.3 at Three Rivers, MI, and milepost FB 102.3 at Grand Rapids, MI;
(3) milepost KZ 94.25 and milepost KZ 95.0 (Kalamazoo Industrial
Track); (4) milepost OW 66.6 and milepost OW 70.24 (Plainwell
Industrial Track); (5) milepost XH 88.10 and milepost XH 92.40
(Hastings Running Track); (6) milepost CQ 42.8 and milepost CQ 43.9
(CK&S Industrial Track); (7) milepost KY 0.0 and milepost 3.2 ( B O
Secondary); (8) milepost UP 0.0 and milepost UP 6.7 (Upjohn Secondary);
(9) milepost QY 421.2 and milepost QY 421.3 (Quincy Secondary); (10)
milepost VW 106.0 and milepost VW 106.9 (Comstock Industrial Track);
(11) milepost AZ 69.6 and milepost AZ 70.4 (Airline Extension); and
(12) milepost IJ 44.3 and milepost IJ 44.7 (CK&S Industrial Track),
along with the yard tracks in Botsford Yard located between milepost MH
141.8 and milepost MH 142.7.
---------------------------------------------------------------------------
\1\ GER is a wholly owned subsidiary of Watco Companies, Inc.
\2\ GER and NS have entered into a lease agreement. According to
GER, the lease agreement does not contain any provision that
prohibits GER from interchanging traffic with a third party.
---------------------------------------------------------------------------
NS will also grant GER incidental trackage rights over
approximately 0.43 miles of NS rail line located between milepost
143.03 and milepost 142.6 at Botsford Yard.
This transaction is related to STB Finance Docket No. 35188, Watco
Companies, Inc.--Continuance in Control Exemption--Grand Elk Railroad,
L.L.C. In that proceeding, Watco Companies, Inc. has concurrently filed
a verified notice of exemption to continue in control of GER upon GER's
becoming a Class III rail carrier.
GER certifies that its projected annual revenues as a result of the
transaction will not result in GER's becoming a Class II or Class I
rail carrier. Because its projected annual revenues may exceed $5
million, however, GER states that it is in the process of complying
with the 60-day labor notice requirement at 49 CFR 1150.32(e).
GER states that it expects to consummate the transaction some time
after the effective date of the exemption. However, the exemption
cannot become effective and consummation of this transaction cannot
occur until 60 days after GER certifies to the Board that it has
satisfied the labor notice requirement.
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 at least 7 days before the
exemption becomes effective.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35187, 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: November 10, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-27133 Filed 11-14-08; 8:45 am]
BILLING CODE 4915-01-P