Watco Companies, Inc.-Continuance in Control Exemption-Boise Valley Railroad, Inc., 50999 [E9-23756]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Page 50999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23756]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35260]


Watco Companies, Inc.--Continuance in Control Exemption--Boise 
Valley Railroad, Inc.

    Watco Companies, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Boise Valley Railroad, Inc. (BVR), upon BVR's becoming a Class III rail 
carrier.\1\
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    \1\ Watco owns 100% of the issued and outstanding stock of BVR.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35259, Boise Valley Railroad, 
Inc.-Assignment of Lease Exemption-Union Pacific Railroad Company and 
Idaho Northern & Pacific Railroad Company. In that proceeding, BVR 
seeks an exemption under 49 CFR 1150.31 to acquire by assignment of 
lease from Idaho Northern & Pacific Railroad Company (INPR) the 
operating and lease rights over approximately 35.99 miles (not 
including yard track) of rail line owned by Union Pacific Railroad 
Company (UP). BVR will also acquire from INPR approximately 12.11 miles 
of incidental trackage rights over two segments of UP's lines in order 
to interchange traffic with UP at Nampa, ID, and to access one of the 
leased lines.
    The parties intend to consummate the transaction on or shortly 
after October 16, 2009 (the effective date of this notice).
    Watco currently controls 21 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., and Vicksburg Southern Railroad, Inc., 
Austin Western Railroad, Inc., Baton Rouge Southern Railroad, LLC, 
Pacific Sun Railroad L.L.C., Grand Elk Railroad, and Alabama Warrior 
Railway, L.L.C.
    Watco represents that: (1) The rail lines to be operated by BVR 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 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 October 9, 2009 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35260, 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: September 28, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-23756 Filed 10-1-09; 8:45 am]
BILLING CODE 4915-01-P