Watco Companies, Inc.-Continuance in Control Exemption-Alabama Warrior Railway, L.L.C., 75809-75810 [E8-29314]

Download as PDF Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices persons wishing to make a brief rebuttal will be given the opportunity to do so in the same order in which initial statements were made. Additional procedures, as necessary for the conduct of the hearing, will be announced at the hearing. The petitioners should be present at the hearing and prepared to present evidence that any requirements of Chapter 203, title 49, United States Code, for which exemption is sought to ‘‘preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.’’ Issued in Washington, DC on December 8, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8–29419 Filed 12–11–08; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 267X)] jlentini on PROD1PC65 with NOTICES Union Pacific Railroad Company— Abandonment Exemption—in Comanche County, OK Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon, and discontinue its lease operation over a 3.85-mile line of railroad known as the Lawton Industrial Lead, extending from milepost 50.75, near Fort Sill, to milepost 54.60, south of Lawton, in Comanche County, OK. The line traverses United States Postal Service Zip Code 73503.1 UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 1 The line is owned by the State of Oklahoma which holds no residual common carrier obligation. The line does contain federally granted right-ofway. VerDate Aug<31>2005 17:56 Dec 11, 2008 Jkt 217001 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 13, 2009, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 22, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 2, 2009, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed a combined environmental and historic report addressing the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 19, 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 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 75809 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), UP 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 UP’s filing of a notice of consummation by December 12, 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. Decided: December 5, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–29430 Filed 12–11–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35204] Watco Companies, Inc.—Continuance in Control Exemption—Alabama Warrior Railway, L.L.C. Watco Companies, Inc. (Watco), a noncarrier, has filed a verified notice of exemption to continue in control of Alabama Warrior Railway, L.L.C. (AWR), upon AWR’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. 35203, Alabama Warrior Railway, L.L.C.—Operation Exemption—Sloss Industries Corporation and Jefferson Warrior Railroad Company, Inc. In that proceeding, AWR seeks an exemption under 49 CFR 1150.31 to operate approximately 24.575 miles of rail lines owned by Sloss Industries Corporation and Jefferson Warrior Railroad Company, Inc. (JWR) in Birmingham, AL. Also, JWR will assign its operating rights to AWR over approximately 1,532.1 feet of rail line owned by BNSF Railway Company in Birmingham. The parties intend to consummate the transaction on or shortly after December 26, 2008, the effective date of the exemption. 1 Watco owns 100% of the issued and outstanding stock of AWR. E:\FR\FM\12DEN1.SGM 12DEN1 75810 Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices jlentini on PROD1PC65 with NOTICES Watco currently indirectly controls 19 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., Baton Rouge Southern Railroad, LLC, and Pacific Sun Railroad, L.L.C.2 Watco states that the purpose of the proposed transaction is to reduce overhead expenses, and coordinate billing, maintenance, mechanical and personnel policies and practices of its rail carrier subsidiaries, and thereby improve the overall efficiency of rail service provided by the railroads in its corporate family. Watco represents that: (1) The rail lines to be operated by AWR do not connect with any other railroads in the Watco corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the 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 2 Watco notes that it has recently filed a notice to control another new carrier, but indicates that the above transaction is expected to be consummated first. See Watco Companies—Continuance in Control Exemption—Grand Elk Railroad, LLC, STB Finance Docket No. 35188 (STB served Nov. 17, 2008). VerDate Aug<31>2005 17:56 Dec 11, 2008 Jkt 217001 filed no later than December 19, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35204, 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, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 5, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–29314 Filed 12–11–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35202] Canadian Pacific Railway Company, Soo Line Holding Company, and Dakota, Minnesota & Eastern Railroad Corporation, et al.—Corporate Family Transaction—Iowa, Chicago & Eastern Railroad Corporation Canadian Pacific Railway Company (CPR), Soo Line Holding Company (Soo Holding), Dakota, Minnesota & Eastern Railroad Corporation (DM&E), and Iowa, Chicago & Eastern Railroad Corporation (IC&E) have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for an intra-corporate family transaction. DM&E currently has one wholly owned direct subsidiary, Cedar American Rail Holdings, Inc. (Cedar American), a noncarrier. Cedar American has two wholly owned subsidiaries: IC&E and Wyoming Dakota Railroad Properties, Inc. (Wyoming Dakota), a noncarrier. The transaction involves the merger of Cedar American and IC&E with and into DM&E, with DM&E being the surviving corporation. Upon completion of the transaction, Cedar American and IC&E would cease to exist, with Wyoming Dakota becoming a direct subsidiary of DM&E. DM&E will continue to be a direct subsidiary of Soo Holding and a ‘‘sister’’ corporation of Soo Line Railroad Company. The transaction is scheduled to be consummated as soon as practicable after December 26, 2008, the effective date of the exemption. The purpose of the transaction is to simplify the corporate structure of CPR’s PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 U.S. carrier subsidiaries, following the acquisition of control of DM&E and IC&E by Soo Holding (and, indirectly, by CPR). The elimination of IC&E and Cedar American as separate corporate entities will streamline DM&E’s corporate structure, reduce administration expenses, and improve the overall efficiency of DM&E. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive status quo with carriers outside the corporate family. 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. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Ry.—Control— Brooklyn Eastern Dist., 360 I.C.C. 60 (1979). 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 must be filed no later than December 19, 2008 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35202, must be filed with the Surface Transportation Board, 395 E Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Terence M. Hynes, Sidley Austin LLP, 1501 K Street, NW., Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 9, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E8–29451 Filed 12–11–08; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75809-75810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29314]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35204]


Watco Companies, Inc.--Continuance in Control Exemption--Alabama 
Warrior Railway, L.L.C.

    Watco Companies, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption to continue in control of Alabama Warrior Railway, 
L.L.C. (AWR), upon AWR's becoming a Class III rail carrier.\1\
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    \1\ Watco owns 100% of the issued and outstanding stock of AWR.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35203, Alabama Warrior Railway, 
L.L.C.--Operation Exemption--Sloss Industries Corporation and Jefferson 
Warrior Railroad Company, Inc. In that proceeding, AWR seeks an 
exemption under 49 CFR 1150.31 to operate approximately 24.575 miles of 
rail lines owned by Sloss Industries Corporation and Jefferson Warrior 
Railroad Company, Inc. (JWR) in Birmingham, AL. Also, JWR will assign 
its operating rights to AWR over approximately 1,532.1 feet of rail 
line owned by BNSF Railway Company in Birmingham.
    The parties intend to consummate the transaction on or shortly 
after December 26, 2008, the effective date of the exemption.

[[Page 75810]]

    Watco currently indirectly controls 19 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., Baton Rouge Southern 
Railroad, LLC, and Pacific Sun Railroad, L.L.C.\2\
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    \2\ Watco notes that it has recently filed a notice to control 
another new carrier, but indicates that the above transaction is 
expected to be consummated first. See Watco Companies--Continuance 
in Control Exemption--Grand Elk Railroad, LLC, STB Finance Docket 
No. 35188 (STB served Nov. 17, 2008).
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    Watco states that the purpose of the proposed transaction is to 
reduce overhead expenses, and coordinate billing, maintenance, 
mechanical and personnel policies and practices of its rail carrier 
subsidiaries, and thereby improve the overall efficiency of rail 
service provided by the railroads in its corporate family.
    Watco represents that: (1) The rail lines to be operated by AWR do 
not connect with any other railroads in the Watco corporate family; (2) 
the transaction is not part of a series of anticipated transactions 
that would connect the 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 December 19, 2008 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35204, 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, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 5, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-29314 Filed 12-11-08; 8:45 am]
BILLING CODE 4915-01-P
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