U S Rail Holdings, LLC-Lease and Operation Exemption-Winamac Southern Railway Company and Kokomo Grain Co., Inc., 16258 [E9-8074]

Download as PDF 16258 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices impose labor protective conditions here, because all of 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 must be filed no later than April 16, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35235, 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 Eric M. Hocky, One Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–8060 Filed 4–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35234] dwashington3 on PROD1PC60 with NOTICES U S Rail Holdings, LLC—Lease and Operation Exemption—Winamac Southern Railway Company and Kokomo Grain Co., Inc. U S Rail Holdings, LLC (Holdings), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Winamac Southern Railway Company (WSRY) and Kokomo Grain Co., Inc., and to operate approximately 58.89 miles of rail lines, located in Indiana: (1) The Bringhurst Line, between milepost 50.1 at Bringhurst and milepost 71.5 at Van Jct. (Logansport); (2) the Kokomo Line, between milepost 74.5 at Eighteenth St. Yard (Logansport) and milepost 97.9 at Kokomo; (3) the Kokomo Belt Line, between milepost 0.0 at E. Markland Ave (Kokomo) and milepost 1.5 at Union St. (Kokomo); and (4) the Amboy Line, between milepost 147.07 at Amboy, and milepost 134.48± at Marion.1 1 According to Holdings, it has entered into a new ten year lease agreement with WSRY and Kokomo Grain to cover operation of the rail lines, which are VerDate Nov<24>2008 15:28 Apr 08, 2009 Jkt 217001 This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35235, Gabriel D. Hall—Corporate Family Transaction Exemption—U.S. Rail Holdings, LLC and U S Rail Corporation. In that proceeding, Gabriel D. Hall has filed a notice of exemption under 49 CFR 1180.2(d)(3) to exempt, from the provisions of 49 U.S.C. 11323, a transaction within the family of business entities in which he owns controlling interests. Holdings certifies that its projected annual revenues as a result of the transaction will not result in Holdings becoming a Class II or Class I rail carrier and further certifies that its projected annual revenues will not exceed $5 million. The transaction is expected to be consummated on or after April 23, 2009, the effective date of the exemption (30 days after the exemption was filed). Pursuant to the Consolidated Appropriations Act, 2008, Public Law 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 automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 16, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35234, 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 Eric M, Hocky, One Commerce Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103. currently being operated by U S Rail Corporation (U S Rail), an affiliate. Pursuant to the transaction, the current lease with U S Rail will be terminated and pursuant to the new lease, Holdings has authority to appoint and intends to appoint U S Rail as the operator. Holdings states that it has been established primarily for financing purposes and currently does not intend to operate as a railroad. Holdings acknowledges, however, that in leasing the rail lines it will have a residual common carrier obligation. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 3, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–8074 Filed 4–8–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue, NW., Washington, DC, on April 28, 2009 at 10:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues and conduct a working session. Following the working session, the Committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. App. 2, § 10(d) and Public Law 103–202, § 202(c)(1)(B) (31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. App. 2, § 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Public Law 103–202, § 202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552b(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Page 16258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8074]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35234]


U S Rail Holdings, LLC--Lease and Operation Exemption--Winamac 
Southern Railway Company and Kokomo Grain Co., Inc.

    U S Rail Holdings, LLC (Holdings), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from Winamac 
Southern Railway Company (WSRY) and Kokomo Grain Co., Inc., and to 
operate approximately 58.89 miles of rail lines, located in Indiana: 
(1) The Bringhurst Line, between milepost 50.1 at Bringhurst and 
milepost 71.5 at Van Jct. (Logansport); (2) the Kokomo Line, between 
milepost 74.5 at Eighteenth St. Yard (Logansport) and milepost 97.9 at 
Kokomo; (3) the Kokomo Belt Line, between milepost 0.0 at E. Markland 
Ave (Kokomo) and milepost 1.5 at Union St. (Kokomo); and (4) the Amboy 
Line, between milepost 147.07 at Amboy, and milepost 134.48 
at Marion.\1\
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    \1\ According to Holdings, it has entered into a new ten year 
lease agreement with WSRY and Kokomo Grain to cover operation of the 
rail lines, which are currently being operated by U S Rail 
Corporation (U S Rail), an affiliate. Pursuant to the transaction, 
the current lease with U S Rail will be terminated and pursuant to 
the new lease, Holdings has authority to appoint and intends to 
appoint U S Rail as the operator. Holdings states that it has been 
established primarily for financing purposes and currently does not 
intend to operate as a railroad. Holdings acknowledges, however, 
that in leasing the rail lines it will have a residual common 
carrier obligation.
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    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35235, Gabriel D. Hall--Corporate 
Family Transaction Exemption--U.S. Rail Holdings, LLC and U S Rail 
Corporation. In that proceeding, Gabriel D. Hall has filed a notice of 
exemption under 49 CFR 1180.2(d)(3) to exempt, from the provisions of 
49 U.S.C. 11323, a transaction within the family of business entities 
in which he owns controlling interests.
    Holdings certifies that its projected annual revenues as a result 
of the transaction will not result in Holdings becoming a Class II or 
Class I rail carrier and further certifies that its projected annual 
revenues will not exceed $5 million.
    The transaction is expected to be consummated on or after April 23, 
2009, the effective date of the exemption (30 days after the exemption 
was filed).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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 no later than April 16, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35234, 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 Eric M, Hocky, One Commerce 
Square, 2005 Market Street, Suite 1910, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 3, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-8074 Filed 4-8-09; 8:45 am]
BILLING CODE 4915-01-P