Watco Companies, Inc.-Continuance in Control Exemption-Grand Elk Railroad, L.L.C., 67927-67928 [E8-27134]

Download as PDF Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices submitted on behalf of an association, business, labor union, etc.). DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at https:// www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. 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 in the Federal Register pursuant to the 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 67928 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices 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, Baton Rouge Southern Railroad, LLC, and Pacific Sun Railroad L.L.C. Watco represents that: (1) The rail lines to be operated by GER 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 November 26, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35188, 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: November 10, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E8–27134 Filed 11–14–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY United States Mint Notification of Price Decreases for American Eagle Gold and Platinum Coins, American Buffalo Gold Coins, and First Spouse Gold Coins Notification of Price Decreases for American Eagle Gold and Platinum Coins, American Buffalo Gold Coins, and First Spouse Gold Coins. ACTION: SUMMARY: The United States Mint is adjusting prices for its American Eagle Gold and Platinum Coins, American Buffalo Gold Coins, and First Spouse Gold Coins. Pursuant to the authority that 31 U.S.C. 5111(a) and 5112(k) grant the Secretary of the Treasury to mint and issue gold and platinum coins, and to prepare and distribute numismatic items, the United States Mint mints and issues 2008 American Eagle Gold and Platinum Coins, American Buffalo Gold Coins, and First Spouse Gold Coins. In accordance with 31 U.S.C. 9701(b)(2)(B), the United States Mint is changing the price of these coins to reflect decreases in the market price of gold and platinum. Effective on or about November 14, 2008, the United States Mint will commence selling the following 2008 American Eagle Gold and Platinum Coins, American Buffalo Gold Coins and First Spouse Gold Coins according to the following price schedule: Product Price American Eagle Gold Coins 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN EAGLE EAGLE EAGLE EAGLE EAGLE EAGLE EAGLE EAGLE EAGLE EAGLE ONE OUNCE GOLD PROOF COIN ......................................................................................................... ONE-HALF OUNCE GOLD PROOF COIN .............................................................................................. ONE-QUARTER OUNCE GOLD PROOF COIN ...................................................................................... ONE-TENTH OUNCE GOLD PROOF COIN ............................................................................................ GOLD PROOF FOUR-COIN SET ............................................................................................................ ONE OUNCE GOLD UNCIRCULATED COIN ......................................................................................... ONE-HALF OUNCE GOLD UNCIRCULATED COIN ............................................................................... ONE-QUARTER OUNCE GOLD UNCIRCULATED COIN ....................................................................... ONE-TENTH OUNCE GOLD UNCIRCULATED COIN ............................................................................ GOLD UNCIRCULATED FOUR-COIN SET ............................................................................................. $1,024.95 534.95 302.45 162.95 1,952.45 974.95 509.95 287.45 154.95 1,862.45 jlentini on PROD1PC65 with NOTICES American Eagle Platinum Coins 2008 AMERICAN EAGLE ONE OUNCE PLATINUM PROOF COIN ................................................................................................. 2008 AMERICAN EAGLE ONE-HALF OUNCE PLATINUM PROOF COIN ...................................................................................... 2008 AMERICAN EAGLE ONE-QUARTER OUNCE PLATINUM PROOF COIN .............................................................................. 2008 AMERICAN EAGLE ONE-TENTH OUNCE PLATINUM PROOF COIN .................................................................................... 2008 AMERICAN EAGLE PLATINUM PROOF FOUR-COIN SET .................................................................................................... 2008 AMERICAN EAGLE ONE OUNCE PLATINUM UNCIRCULATED COIN ................................................................................. 2008 AMERICAN EAGLE ONE-HALF OUNCE PLATINUM UNCIRCULATED COIN ....................................................................... 2008 AMERICAN EAGLE PLATINUM UNCIRCULATED FOUR-COIN SET ..................................................................................... 10th ANNIVERSARY PLATINUM SET ............................................................................................................................................... 1,119.95 599.95 359.95 199.95 2,179.95 1,069.95 569.95 2,089.95 1,249.95 American Buffalo Gold Coins 2008 AMERICAN BUFFALO ONE OUNCE GOLD PROOF COIN .................................................................................................... 2008 AMERICAN BUFFALO ONE-HALF OUNCE GOLD PROOF COIN .......................................................................................... VerDate Aug<31>2005 18:18 Nov 14, 2008 Jkt 217001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1 1,049.95 549.95

Agencies

[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Notices]
[Pages 67927-67928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27134]


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

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

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

    \2\ That exemption cannot become effective until GER has 
complied with the 60-day labor notice requirement at 49 CFR 
1150.32(e).
---------------------------------------------------------------------------

    Watco currently controls 19 Class III rail carriers: South Kansas 
and Oklahoma Railroad Company, Palouse River & Coulee City Railroad, 
Inc.,

[[Page 67928]]

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, Baton Rouge Southern Railroad, LLC, and Pacific Sun 
Railroad L.L.C.
    Watco represents that: (1) The rail lines to be operated by GER 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 November 26, 2008 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35188, 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: November 10, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-27134 Filed 11-14-08; 8:45 am]
BILLING CODE 4915-01-P

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