Paul Didelius-Continuance in Control Exemption-YCR Corporation, 69373 [E9-31037]
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices
BILLING CODE 1301–00–D
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35337]
Paul Didelius—Continuance in Control
Exemption—YCR Corporation
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Paul Didelius (applicant), a
noncarrier, has filed a verified notice of
exemption to continue in control of YCR
Corporation (YCR), upon YCR’s
becoming a Class III rail carrier.
Currently, applicant owns 100 percent
of noncarrier, LRY, LLC D.B.A. Lake
Railway (LRY). LRY concurrently filed
two notices of exemption to lease and
operate: (1) 62.21 miles of railroad
owned by Union Pacific Railroad
Company, consisting of: (a) Part of the
Modoc Subdivison, extending from
milepost 445.6 near MacArthur, CA, to
milepost 506.1, near Perez, CA, and (b)
part of the Lakeview Branch, extending
from milepost 456.89 to milepost 458.60
at Alturas, CA; and (2) 54.45 miles of
railroad owned by Lake County, OR,
extending from milepost 458.60 at
Alturas, to milepost 513.05, at
Lakeview, OR. Once consummation
occurs, on or after January 1, 2010, LRY
will become a Class III carrier.1
YCR, a new corporation owned in part
by applicant (49%) 2 and Stan Patterson
(51%) has been established for the
purpose of leasing and operating a line
of railroad owned by Yakima County,
WA. The subject line extends between
Wesley Junction (Toppenish) and White
Swan, WA, a distance of approximately
20.56 miles. The line was formerly
operated by Washington Central
Railroad Company (WCRC) and Yakima
County acquired the line after WCRC
1 See STB Finance Docket No. 35250, LRY, LLC
D.B.A. Lake Railway—Lease and Operation
Exemption—Union Pacific Railroad Company and
STB Finance Docket No. 35250 (Sub-No. 1), LRY
LLC D.B.A. Lake Railway—Lease and Operation
Exemption—Rail Line in Lake County, OR. The
notices were served and published in the Federal
Register on December 18, 2009 (74 FR 67304–5).
2 According to applicant, as President of YCR, he
is in a position to control YCR.
VerDate Nov<24>2008
15:06 Dec 30, 2009
Jkt 220001
was authorized to abandon it. On
December 16, 2009, YCR filed an
application for a modified certificate of
public convenience and necessity in
STB Finance Docket No. 35336, YCR
Corporation—Modified Rail Certificate,
wherein YCR seeks to lease and operate
the line.
This transaction cannot be
consummated until January 17, 2010,
the effective date of the exemption (30
days after the exemption is filed).3
Applicant states that: (1) The rail line
to be acquired by YCR does not connect
with any other railroad in its corporate
family; (2) the transaction is not part of
a series of anticipated transactions that
would connect the rail line with any
other railroad in its corporate family; 4
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 January 8, 2010 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
3 Applicant states in the notice that he plans to
consummate the transaction on or about January 16,
2010.
4 YCR will operate a rail line in south central
Oregon and LRY will operate rail lines in
northeastern California and southwestern Oregon.
According to applicant, YCR and LRY lines are 380
miles apart.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
Docket No. 35337, 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 John D.
Heffner, 1750 K Street, NW., Suite 200,
Washington, DC 20006.
Board decisions and notices are
available on our Web site at: ‘‘https://
www.stb.dot.gov.’’
Decided: December 24, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9–31037 Filed 12–30–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0183; Notice 2]
Ford Motor Company, Grant of Petition
for Decision of Inconsequential
Noncompliance
Ford Motor Company (Ford) has
determined that certain complete model
year 2007–2008 Ford Expedition and
Lincoln Navigator multipurpose
passenger vehicles (MPV) built with the
Limousine Builders Package and certain
complete 2008 model year Ford Crown
Victoria Police Interceptor (CVPI)
passenger cars built with two front
bucket seats did not fully comply with
paragraph S4.3(b) of 49 CFR 571.110
(Federal Motor Vehicle Safety Standard
(FMVSS) No. 110, Tire Selection and
Rims, for Motor Vehicles With a GVWR
of 4,536 Kilograms (10,000 Pounds) or
Less). Ford has filed an appropriate
report pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR part 556,
Ford has petitioned for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential to motor vehicle safety.
Notice of receipt of the petition was
E:\FR\FM\31DEN1.SGM
31DEN1
EN30DE09.002</GPH>
[FR Doc. Z9–30197 Filed 12–30–09; 8:45 am]
69373
]]>Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Page 69373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31037]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35337]
Paul Didelius--Continuance in Control Exemption--YCR Corporation
Paul Didelius (applicant), a noncarrier, has filed a verified
notice of exemption to continue in control of YCR Corporation (YCR),
upon YCR's becoming a Class III rail carrier.
Currently, applicant owns 100 percent of noncarrier, LRY, LLC
D.B.A. Lake Railway (LRY). LRY concurrently filed two notices of
exemption to lease and operate: (1) 62.21 miles of railroad owned by
Union Pacific Railroad Company, consisting of: (a) Part of the Modoc
Subdivison, extending from milepost 445.6 near MacArthur, CA, to
milepost 506.1, near Perez, CA, and (b) part of the Lakeview Branch,
extending from milepost 456.89 to milepost 458.60 at Alturas, CA; and
(2) 54.45 miles of railroad owned by Lake County, OR, extending from
milepost 458.60 at Alturas, to milepost 513.05, at Lakeview, OR. Once
consummation occurs, on or after January 1, 2010, LRY will become a
Class III carrier.\1\
---------------------------------------------------------------------------
\1\ See STB Finance Docket No. 35250, LRY, LLC D.B.A. Lake
Railway--Lease and Operation Exemption--Union Pacific Railroad
Company and STB Finance Docket No. 35250 (Sub-No. 1), LRY LLC D.B.A.
Lake Railway--Lease and Operation Exemption--Rail Line in Lake
County, OR. The notices were served and published in the Federal
Register on December 18, 2009 (74 FR 67304-5).
---------------------------------------------------------------------------
YCR, a new corporation owned in part by applicant (49%) \2\ and
Stan Patterson (51%) has been established for the purpose of leasing
and operating a line of railroad owned by Yakima County, WA. The
subject line extends between Wesley Junction (Toppenish) and White
Swan, WA, a distance of approximately 20.56 miles. The line was
formerly operated by Washington Central Railroad Company (WCRC) and
Yakima County acquired the line after WCRC was authorized to abandon
it. On December 16, 2009, YCR filed an application for a modified
certificate of public convenience and necessity in STB Finance Docket
No. 35336, YCR Corporation--Modified Rail Certificate, wherein YCR
seeks to lease and operate the line.
---------------------------------------------------------------------------
\2\ According to applicant, as President of YCR, he is in a
position to control YCR.
---------------------------------------------------------------------------
This transaction cannot be consummated until January 17, 2010, the
effective date of the exemption (30 days after the exemption is
filed).\3\
---------------------------------------------------------------------------
\3\ Applicant states in the notice that he plans to consummate
the transaction on or about January 16, 2010.
---------------------------------------------------------------------------
Applicant states that: (1) The rail line to be acquired by YCR does
not connect with any other railroad in its corporate family; (2) the
transaction is not part of a series of anticipated transactions that
would connect the rail line with any other railroad in its corporate
family; \4\ and (3) the transaction does not involve a Class I rail
carrier.
---------------------------------------------------------------------------
\4\ YCR will operate a rail line in south central Oregon and LRY
will operate rail lines in northeastern California and southwestern
Oregon. According to applicant, YCR and LRY lines are 380 miles
apart.
---------------------------------------------------------------------------
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 January 8, 2010
(at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35337, 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 John D. Heffner, 1750 K Street,
NW., Suite 200, Washington, DC 20006.
Board decisions and notices are available on our Web site at:
``https://www.stb.dot.gov.''
Decided: December 24, 2009.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9-31037 Filed 12-30-09; 8:45 am]
BILLING CODE 4915-01-P
