Columbia & Cowlitz Railway, LLC-Acquisition and Operation Exemption-Columbia & Cowlitz Railway Company, 68400 [2010-27978]

Download as PDF 68400 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices Information Relay Service (FIRS) at: (800) 877–8339.] SUPPLEMENTARY INFORMATION: This notice is related to a concurrently filed notice of exemption also served and published on October 15, 2010 in Gulf & Ohio Railways Holding Co., Inc., H. Peter Claussen and Linda C. Claussen— Continuance in Control Exemption— Lancaster & Chester Railroad, LLC, Docket No. FD 35414, wherein the above parties seek to continue in control of L&C Railroad, upon L&C Railroad’s becoming a Class III rail carrier. Decided: October 28, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010–27975 Filed 11–4–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35426] mstockstill on DSKH9S0YB1PROD with NOTICES Columbia & Cowlitz Railway, LLC— Acquisition and Operation Exemption—Columbia & Cowlitz Railway Company Columbia & Cowlitz Railway, LLC (CLC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Columbia & Cowlitz Railway Company and to operate approximately 8.5 miles of rail line between milepost 0.0 (Longview) and milepost 8.5 (Ostrander Junction), including auxiliary and spur tracks, in Cowlitz County, Wash.1 This transaction is related to a transaction in which Patriot Rail, LLC and its subsidiaries entered into an asset purchase agreement on July 21, 2010, to acquire from Weyerhaeuser NR Company certain rail assets and the rail assets of five of its subsidiaries. This transaction is also related to six other transactions for which notices of exemption have been concurrently filed: Docket No. FD 35425, Tennessee Southern Railroad Company, Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp.—Continuance in Control Exemption—Columbia & Cowlitz Railway, LLC, Dequeen and Eastern Railroad, LLC, Golden Triangle Railroad, LLC, Mississippi & Skuna Valley Railroad, LLC, Patriot Woods Railroad, LLC, and Texas, Oklahoma & 1 CLC states that it intends to interchange traffic at Rocky Point, Wash., with BNSF Railway Company and Union Pacific Railroad Company, and at Ostrander Junction, with its affiliate, Patriot Woods Railroad, LLC. VerDate Mar<15>2010 17:16 Nov 04, 2010 Jkt 223001 Eastern Railroad, LLC, in which Patriot Rail, LLC and its subsidiaries seek to continue in control of CLC in this proceeding and five other newly created noncarrier subsidiaries, upon the latter becoming Class III rail carriers in the following proceedings: (1) Docket No. FD 35427, DeQueen and Eastern Railroad, LLC—Acquisition and Operation Exemption—DeQueen and Eastern Railroad Company; (2) Docket No. FD 35428, Golden Triangle Railroad, LLC—Acquisition and Operation Exemption—Golden Triangle Railroad Company; (3) Docket No. FD 35429, Mississippi & Skuna Valley Railroad, LLC—Acquisition and Operation Exemption—Mississippi & Skuna Valley Railroad Company; (4) Docket No. FD 35430, Texas, Oklahoma & Eastern Railroad, LLC—Acquisition and Operation Exemption—Texas, Oklahoma & Eastern Railroad Company; and (5) Docket No. FD 35431, Patriot Woods Railroad, LLC— Acquisition and Operation Exemption— Weyerhaeuser NR Company, Weyerhaeuser Woods Railroad Operating Division. The parties intend to consummate the transaction on or after December 21, 2010. CLC certified that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier. Because CLC’s projected annual revenues will exceed $5 million, CLC certified to the Board on October 20, 2010, that it had complied on October 20, 2010, with the requirements of 49 CFR 1150.32(e) providing for notice to employees and their labor unions on the affected line. Under 49 CFR 1150.32(e), this exemption cannot become effective until 60 days after the date notice was provided. 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, 2010 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35426 must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy must be served on Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Decided: November 1, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–27978 Filed 11–4–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35438] Eighteen Thirty Group, LLC— Acquisition Exemption—in Allegany County, MD Eighteen Thirty Group, LLC (Eighteen Thirty), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire an 8.54-mile line of railroad between milepost BAI 27.0 near Morrison and milepost BAI 18.46 at the end of the track near Carlos, in Allegany County, Md. (the Line). Eighteen Thirty is seeking to acquire the Line as a result of the bankruptcy of James Riffin 1 through an agreement with Mark J. Friedman, Chapter 7 Trustee of the Bankruptcy Estate of James Riffin.2 This transaction is related to two simultaneously filed notices of exemption: (1) Docket No. FD 35437, Georges Creek Railway, LLC—Operation Exemption—in Allegany County, Md., in which Georges Creek Railway, LLC (Georges Creek), seeks an exemption under 49 CFR 1150.31 to operate the Line; and (2) Docket No. FD 35436, Duncan Smith and Gerald Altizer— Continuance in Control Exemption— Eighteen Thirty Group, LLC and Georges Creek Railway, LLC, in which Duncan Smith and Gerald Altizer, the owners of Eighteen Thirty and Georges Creek, seek an exemption to continue in control of Eighteen Thirty and Georges Creek upon their becoming Class III rail carriers. This transaction is also related to a petition simultaneously filed by Eighteen Thirty in Docket No. AB 55 (Sub-No. 659X), CSX Transportation, Inc.—Abandonment Exemption—in Allegany County, Md., seeking an exemption under 49 U.S.C. 10502 from 1 The Board authorized abandonment of the Line in CSX Transportation, Inc.—Abandonment Exemption—in Allegany County, Md., Docket No. AB 55 (Sub-No. 659X) (STB served Aug. 25, 2005). By decision served December 14, 2005, WMS, LLC (WMS) was authorized to acquire the Line pursuant to the Board’s offer of financial assistance (OFA) provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, and by decision served August 18, 2006, James Riffin was substituted as the acquiring entity in lieu of WMS. 2 Applicants state that consummation of this transaction is subject to approval by the bankruptcy court. Consummation is also subject to a grant of the petition filed in AB 55 (Sub-No. 659X). E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27978]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35426]


Columbia & Cowlitz Railway, LLC--Acquisition and Operation 
Exemption--Columbia & Cowlitz Railway Company

    Columbia & Cowlitz Railway, LLC (CLC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from 
Columbia & Cowlitz Railway Company and to operate approximately 8.5 
miles of rail line between milepost 0.0 (Longview) and milepost 8.5 
(Ostrander Junction), including auxiliary and spur tracks, in Cowlitz 
County, Wash.\1\
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    \1\ CLC states that it intends to interchange traffic at Rocky 
Point, Wash., with BNSF Railway Company and Union Pacific Railroad 
Company, and at Ostrander Junction, with its affiliate, Patriot 
Woods Railroad, LLC.
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    This transaction is related to a transaction in which Patriot Rail, 
LLC and its subsidiaries entered into an asset purchase agreement on 
July 21, 2010, to acquire from Weyerhaeuser NR Company certain rail 
assets and the rail assets of five of its subsidiaries.
    This transaction is also related to six other transactions for 
which notices of exemption have been concurrently filed: Docket No. FD 
35425, Tennessee Southern Railroad Company, Patriot Rail, LLC, Patriot 
Rail Holdings LLC, and Patriot Rail Corp.--Continuance in Control 
Exemption--Columbia & Cowlitz Railway, LLC, Dequeen and Eastern 
Railroad, LLC, Golden Triangle Railroad, LLC, Mississippi & Skuna 
Valley Railroad, LLC, Patriot Woods Railroad, LLC, and Texas, Oklahoma 
& Eastern Railroad, LLC, in which Patriot Rail, LLC and its 
subsidiaries seek to continue in control of CLC in this proceeding and 
five other newly created noncarrier subsidiaries, upon the latter 
becoming Class III rail carriers in the following proceedings: (1) 
Docket No. FD 35427, DeQueen and Eastern Railroad, LLC--Acquisition and 
Operation Exemption--DeQueen and Eastern Railroad Company; (2) Docket 
No. FD 35428, Golden Triangle Railroad, LLC--Acquisition and Operation 
Exemption--Golden Triangle Railroad Company; (3) Docket No. FD 35429, 
Mississippi & Skuna Valley Railroad, LLC--Acquisition and Operation 
Exemption--Mississippi & Skuna Valley Railroad Company; (4) Docket No. 
FD 35430, Texas, Oklahoma & Eastern Railroad, LLC--Acquisition and 
Operation Exemption--Texas, Oklahoma & Eastern Railroad Company; and 
(5) Docket No. FD 35431, Patriot Woods Railroad, LLC--Acquisition and 
Operation Exemption--Weyerhaeuser NR Company, Weyerhaeuser Woods 
Railroad Operating Division.
    The parties intend to consummate the transaction on or after 
December 21, 2010.
    CLC certified that its projected annual revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier.
    Because CLC's projected annual revenues will exceed $5 million, CLC 
certified to the Board on October 20, 2010, that it had complied on 
October 20, 2010, with the requirements of 49 CFR 1150.32(e) providing 
for notice to employees and their labor unions on the affected line. 
Under 49 CFR 1150.32(e), this exemption cannot become effective until 
60 days after the date notice was provided.
    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, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35426 must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy must be 
served on Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 
21204.
    Board decisions and notices are available on our Web site at https://www.stb.dot.gov.

    Decided: November 1, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27978 Filed 11-4-10; 8:45 am]
BILLING CODE 4915-01-P
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