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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ Watco owns 100% of the issued and outstanding stock of AWR.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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