Lassen Valley Railway LLC-Acquisition and Operation Exemption-Union Pacific Railroad Company, 63501 [E9-28803]
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Federal Register / Vol. 74, No. 231 / Thursday, December 3, 2009 / Notices
the option of paying a fee to offset the
entire budgetary cost to the Federal
Government. As a result, the DOT
hereby announces that it is exploring
the potential of implementing a pilot
program under which the DOT would
accept applications for projects where
the borrowers are willing and able to
pay a fee to offset the entire subsidy cost
of TIFIA credit assistance. The purpose
of this pilot program would be to extend
credit, consistent with policy objectives,
to qualified projects that the DOT
otherwise might not select for TIFIA
assistance merely due to insufficient
budgetary resources. This pilot program
would be undertaken under authority of
23 U.S.C. 603(a)(7), 603(e), (604)(b)(9),
and 49 CFR 80.17(c), which allow
successful applicants to pay a fee to
reduce the cost to the Federal
Government associated with the credit
assistance provided to the project. Such
a project would be evaluated based on
satisfaction of the same TIFIA selection
criteria, as clarified in this notice, which
apply to all applicants.
The DOT will take all comments
regarding the potential pilot program
into consideration and, if it decides to
proceed with the pilot program, may
revise some elements of this notice.
Depending on the nature of the
comments and the number of Letters of
Interest submitted, the DOT may invite
applications without publishing a
supplemental notice. If the DOT decides
to proceed with the pilot program,
qualified applicants that have
responded to this notice would become
eligible to pay an upfront fee to offset
the entire cost of providing TIFIA credit
assistance.
Authority: 23 U.S.C. 601–609; 49 CFR
1.48(b)(6); 23 CFR part 180; 49 CFR part 80;
49 CFR part 261; 49 CFR part 640.
Issued on: November 20, 2009.
Victor M. Mendez,
Administrator.
[FR Doc. E9–28860 Filed 12–2–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
jlentini on DSKJ8SOYB1PROD with NOTICES
[STB Finance Docket No. 35306]
Lassen Valley Railway LLC—
Acquisition and Operation
Exemption—Union Pacific Railroad
Company
Lassen Valley Railway LLC (LVR), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire and operate approximately
22.34 miles of rail line owned by Union
VerDate Nov<24>2008
16:16 Dec 02, 2009
Jkt 220001
Pacific Railroad Company (UP): (1) the
Flanigan Industrial Lead, between
milepost 338.33 near Flanigan, NV, and
milepost 360.10 near Wendel, CA, and
(2) the Susanville Industrial Lead,
between milepost 358.68 and milepost
359.25, near Wendel.1
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35307, Kern W. Schumacher—
Continuance in Control Exemption—
Lassen Valley Railway LLC, wherein
Kern W. Schumacher seeks to continue
in control of LVR, upon LVR becoming
a Class III rail carrier.
The transaction is expected to be
consummated on or shortly after
December 17, 2009 (the effective date of
the exemption).
LVR certifies that its projected annual
revenues as a result of the transaction
will not result in its becoming a Class
II or Class I rail carrier and further
certifies that its projected annual
revenue will not exceed $5 million.
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 December 10, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35306, must be filed with
1 According to LVR, the rail lines involved were
the subject of an abandonment petition in Union
Pacific Railroad Company—Abandonment
Exemption—in Lassen County, CA, and Washoe
County, NV, STB Docket No. AB–33 (Sub-No. 230X)
(STB served Jan. 26, 2007). An offer of financial
assistance (OFA) was filed by Robert Alan Kemp d/
b/a Nevada Central Railroad to acquire a 220-foot
segment of UP’s Flanigan Industrial Lead
(beginning at milepost 338.33). The OFA was
rejected by decision served September 19, 2008. On
September 29, 2008, Mr. Kemp filed an appeal of
the Board’s decision, which was denied by decision
served January 27, 2009. It is indicated that Mr.
Kemp has petitioned for judicial review of the
Board’s January 27 decision, and that petition is
pending before the United States Court of Appeals
for the Ninth Circuit.
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
63501
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a 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 25, 2009.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–28803 Filed 12–2–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35307]
Kern W. Schumacher—Continuance in
Control Exemption—Lassen Valley
Railway LLC
Kern W. Schumacher (Schumacher), a
noncarrier, has filed a verified notice of
exemption to continue in control of
Lassen Valley Railway LLC (LVR) upon
LVR’s becoming a Class III rail carrier.
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35306, Lassen Valley Railway LLC—
Acquisition and Operation Exemption—
Union Pacific Railroad Company. In
that proceeding, LVR seeks an
exemption under 49 CFR 1150.31 to
acquire and operate approximately
22.34 miles of rail line between
Flanigan, NV, and Wendel, CA, owned
by Union Pacific Railroad Company.
The parties intend to consummate the
transaction on or after December 17,
2009, the effective date of the
exemption.
Mr. Schumacher currently controls
six Class III rail carriers: Tulare Valley
Railroad Company (TVR), Kern Valley
Railroad Company (KVR), V&S Railway,
Inc. (V&S), Gloster Southern Railroad
Company LLC (GLSR), Grenada Railway
LLC (GRYR), and Natchez Railway LLC
(NTZR). TVR owns 5.9 miles of rail line
in California; KVR owns 2 miles of rail
line in Colorado; V&S owns 27 miles of
rail line in Kansas and 122 miles of rail
line in Colorado; GLSR owns 34.8 miles
of rail line in Mississippi and Louisiana;
GRYR owns 186.82 miles of rail line in
Mississippi; and NTZR owns 65.6 miles
of rail line in Mississippi.
As represented, Mr. Schumacher has
many years of experience managing
short line railroads. Mr. Schumacher
anticipates that, with the substantial
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[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Page 63501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28803]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35306]
Lassen Valley Railway LLC--Acquisition and Operation Exemption--
Union Pacific Railroad Company
Lassen Valley Railway LLC (LVR), a noncarrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to acquire and operate
approximately 22.34 miles of rail line owned by Union Pacific Railroad
Company (UP): (1) the Flanigan Industrial Lead, between milepost 338.33
near Flanigan, NV, and milepost 360.10 near Wendel, CA, and (2) the
Susanville Industrial Lead, between milepost 358.68 and milepost
359.25, near Wendel.\1\
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\1\ According to LVR, the rail lines involved were the subject
of an abandonment petition in Union Pacific Railroad Company--
Abandonment Exemption--in Lassen County, CA, and Washoe County, NV,
STB Docket No. AB-33 (Sub-No. 230X) (STB served Jan. 26, 2007). An
offer of financial assistance (OFA) was filed by Robert Alan Kemp d/
b/a Nevada Central Railroad to acquire a 220-foot segment of UP's
Flanigan Industrial Lead (beginning at milepost 338.33). The OFA was
rejected by decision served September 19, 2008. On September 29,
2008, Mr. Kemp filed an appeal of the Board's decision, which was
denied by decision served January 27, 2009. It is indicated that Mr.
Kemp has petitioned for judicial review of the Board's January 27
decision, and that petition is pending before the United States
Court of Appeals for the Ninth Circuit.
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This transaction is related to a concurrently filed verified notice
of exemption in STB Finance Docket No. 35307, Kern W. Schumacher--
Continuance in Control Exemption--Lassen Valley Railway LLC, wherein
Kern W. Schumacher seeks to continue in control of LVR, upon LVR
becoming a Class III rail carrier.
The transaction is expected to be consummated on or shortly after
December 17, 2009 (the effective date of the exemption).
LVR certifies that its projected annual revenues as a result of the
transaction will not result in its becoming a Class II or Class I rail
carrier and further certifies that its projected annual revenue will
not exceed $5 million.
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 December 10,
2009 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35306, 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 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 25, 2009.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-28803 Filed 12-2-09; 8:45 am]
BILLING CODE 4915-01-P
