Potlatch Land & Lumber, LLC-Change of Control Within Corporate Family Exemption, 72113 [E8-27991]

Download as PDF Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Notices would be insufficient throughout its use. DJG noted that though these restraints are now more than seven years old, and generally past their useful life, there have been no complaints regarding harness degradation in these restraints or any known failures of the harness webbing in crashes. In conclusion, DJG states that real world experience of child restraints at issue in this proceeding has proven that the non-compliant webbing has performed satisfactorily for more than seven years in the field. In addition, DJG contends that recent testing of the breaking strength of the tether webbing in used child restraints confirms that the webbing is not degrading in use from abrasion, exposure to light or any other reason, and is retaining a very high percentage of its original strength. Therefore, DJG believes that NHTSA should grant DJG’s appeal of the decision to deny its petitions for a determination that the noncompliance of its tether and harness webbing is inconsequential to safety. Public Comments Interested persons are invited to submit written data, views, and arguments on the petition appeal described above. The petition appeal, supporting materials, and all comments received before the close of business on the closing date indicated in the beginning of this notice 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 appeal is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30118(d) and 30120(h); delegations of authority at 49 CFR 1.50 and 49 CFR 501.8. Issued on: November 20, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8–28083 Filed 11–25–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board mstockstill on PROD1PC66 with NOTICES [STB Finance Docket No. 35199] Potlatch Land & Lumber, LLC— Change of Control Within Corporate Family Exemption Potlatch Land & Lumber, LLC (PL&L), has filed a verified notice of exemption under 49 CFR 1180.2(d)(3) to undertake VerDate Aug<31>2005 17:30 Nov 25, 2008 Jkt 217001 a change of control within its corporate family. PL&L, a newly organized subsidiary of Potlatch Corporation of Spokane, WA (Potlatch), seeks to acquire the stock of 3 short line railroads: St. Maries River Railroad Company (STMA), Warren & Saline River Railroad Company (WSR), and The Prescott and Northwestern Railroad Company (PNW). The stock of the railroads is currently held by Potlatch Forest Products Corporation, another subsidiary of Potlatch, which is being spun off and will be renamed Clearwater Paper Corporation. The transaction is expected to be consummated on December 13, 2008 (30 days after the exemption was filed). PL&L states that the transaction is designed to permit Potlatch, through PL&L, to retain indirect control of STMA, WSR, and PNW. PL&L adds that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). 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 the carriers involved are Class III rail carriers. If the 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 transaction. Petitions for stay will be due no later than December 5, 2008 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35199, 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 Fritz R. Kahn, 1920 N Street, NW., 8th Floor, Washington, DC 20036. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: November 19, 2008. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 72113 By the Board, David M. Konschnik, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E8–27991 Filed 11–25–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. MC-F–21028] Delivery Acquisition, Inc.—Purchase— Transportation Management Systems, LLC and East West Resort Transportation, LCC Surface Transportation Board. Notice of Correction. AGENCY: ACTION: SUMMARY: This document contains a correction to a decision served and published in the Federal Register on July 18, 2008 (73 FR 41401–02). That decision tentatively approved the acquisition of control through purchase of Transportation Management Systems, LLC, f/k/a TMS, Inc. (TMS) and East West Resort Transportation, LLC (EWRT) by Delivery Acquisition, Inc. (Delivery), unless opposing comments were filed by September 2, 2008. No comments were subsequently filed with the Board and the Board’s decision approving the proposed acquisition of control thus became effective on September 2, 2008. After the period for filing comments ended, the Board received notification from the applicants in this proceeding that references they had made in the application approved by the Board to operating rights issued by the former Interstate Commerce Commission (ICC) in Docket No. MC–169714 were incorrect, and that the correct number is MC–169174. Accordingly, the July 18 decision is being corrected to reflect the actual docket number of MC–169174, rather than MC–169714. FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245–0359 [Federal Information Relay (FIRS) for the hearing impaired: 1–800–877–8339]. SUPPLEMENTARY INFORMATION: On September 2, 2008, the Board’s approval of Delivery’s acquisition of TMS and EWRT became effective. On November 13, 2008, the Board received notification from the applicants that their application misstated that certain of the operating rights held or leased by TMS, and EWRT had been issued by the former ICC in Docket No. MC–169714. The correct docket number is MC– 169174. A copy of this notice will be served on: (1) The U.S. Department of E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Notices]
[Page 72113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27991]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35199]


Potlatch Land & Lumber, LLC--Change of Control Within Corporate 
Family Exemption

    Potlatch Land & Lumber, LLC (PL&L), has filed a verified notice of 
exemption under 49 CFR 1180.2(d)(3) to undertake a change of control 
within its corporate family. PL&L, a newly organized subsidiary of 
Potlatch Corporation of Spokane, WA (Potlatch), seeks to acquire the 
stock of 3 short line railroads: St. Maries River Railroad Company 
(STMA), Warren & Saline River Railroad Company (WSR), and The Prescott 
and Northwestern Railroad Company (PNW). The stock of the railroads is 
currently held by Potlatch Forest Products Corporation, another 
subsidiary of Potlatch, which is being spun off and will be renamed 
Clearwater Paper Corporation.
    The transaction is expected to be consummated on December 13, 2008 
(30 days after the exemption was filed).
    PL&L states that the transaction is designed to permit Potlatch, 
through PL&L, to retain indirect control of STMA, WSR, and PNW. PL&L 
adds that the transaction will not result in adverse changes in service 
levels, significant operational changes, or a change in the competitive 
balance with carriers outside the corporate family. Therefore, the 
transaction is exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(3).
    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 the 
carriers involved are Class III rail carriers.
    If the 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 transaction. Petitions for stay 
will be due no later than December 5, 2008 (at least 7 days before the 
effective date of the exemption).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35199, 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 Fritz R. Kahn, 1920 N Street, 
NW., 8th Floor, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``https://www.stb.dot.gov.''

    Decided: November 19, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E8-27991 Filed 11-25-08; 8:45 am]
BILLING CODE 4915-01-P
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