49068 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

1PRC has also concurrently filed a motion for 

protective order pursuant to 49 CFR 1104.14(b) to 

allow PRC to file the unredacted Stock Purchase 

Agreement under seal. That motion will be 

addressed in a separate decision. 

2The Stock Purchase Agreement also covers 

PRC’s acquisition of another Class III rail line. For 

that acquisition, PRC has filed a verified petition for 

exemption in Pinsly Railroad Company–Control 

Exemption–Warren & Saline River Railroad 

Company, STB Finance Docket No. 35293. The 

petition will be addressed in a separate decision. 

[FR Doc. E9–22890 Filed 9–24–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35292] 

Pinsly Railroad Company—Control 

Exemption—The Prescott and 

Northwestern Railroad Company 

Pinsly Railroad Company (PRC), a 

noncarrier, has filed a verified notice of 

exemption to obtain control of The 

Prescott and Northwestern Railroad 

Company (PNW), a Class III rail carrier, 

through the purchase of all PNW’s stock 

from Potlatch Land & Lumber, LLC 

(PLL).1 PRC currently controls five Class 

III railroads: Pioneer Valley Railroad 

Company, Inc. (PVR), which operates in 

Massachusetts; Florida Central Railroad 

Company, Inc. (FCR), Florida Midland 

Railroad Company, Inc. (FMR), and 

Florida Northern Railroad Company, 

Inc. (FNR), each of which operates in 

Florida; and Arkansas Midland Railroad 

Company, Inc. (AKMD), which operates 

in Arkansas. PRC states that it executed 

a Stock Purchase Agreement with PLL 

on September 4, 2009, to acquire all of 

PNW’s stock and assume control of 

PNW.2

The transaction is scheduled to be 

consummated simultaneously with the 

transaction filed in STB Finance Docket 

No. 35293 no later than December 31, 

2009, unless the transaction in STB 

Finance Docket No. 35293 is not 

finalized by that date. In that event, this 

transaction will be consummated 

separately on or after the date that this 

notice becomes effective (which will 

occur on October 9, 2009). 

Applicant states that: (i) The rail line 

involved in this transaction does not 

connect with any rail lines of the PVR, 

FCR, FMR, FNR, AKMD or any other 

railroad now controlled by applicant; 

(ii) the acquisition of control of PNW is 

not part of a series of anticipated 

transactions that would connect any of 

the railroads with each other or with 

any railroad in their corporate family; 

and (iii) this 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 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 effectiveness of 

the exemption. Petitions for stay must 

be filed no later than October 2, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35292, 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 Thomas J. 

Litwiler, Fletcher & Sippel LLC, 29 

North Wacker Drive, Suite 920, Chicago, 

IL 60606–2832. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 22, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–23191 Filed 9–24–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee Report 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Motor Carrier Safety 

Advisory Committee Report. 

SUMMARY: The FMCSA announces that 

its Motor Carrier Safety Advisory 

Committee (MCSAC) issued a report to 

the Agency on September 2, 2009, 

concerning Task 09–03 regarding 

improving the existing processes, 

procedures, and requirements for 

ensuring that new entrant motor carriers 

are knowledgeable about Federal safety 

regulations prior to beginning 

operations in interstate commerce. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey Miller, Chief, Strategic Planning 

and Program Evaluation Division, Office 

of Policy Plans and Regulation, Federal 

Motor Carrier Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–1258, 

mcsac@dot.gov. 

SUPPLEMENTARY INFORMATION: On May 

20, 2009, the MCSAC unanimously 

accepted Task 09–03: Provide advice to 

FMCSA on approaches that could be 

implemented to improve the existing 

processes, procedures, and requirements 

for ensuring that new entrant motor 

carriers are knowledgeable about 

Federal motor carrier safety mandates 

prior to beginning operations in 

interstate commerce. The MCSAC 

established a workgroup to address the 

task. The workgroup met in person from 

August 31, 2009, through September 2, 

2009. On September 2, 2009, the 

workgroup presented its report to 

MCSAC for review and approval. The 

MCSAC unanimously approved the 

report on September 2, 2009. The report 

provides advice to FMCSA on 

approaches or strategies the Agency 

should consider for ensuring that new 

entrant motor carriers are 

knowledgeable about the Federal Motor 

Carrier Safety Regulations and 

Hazardous Materials Regulations, and 

have the ability to implement and 

maintain safety management controls 

and a safety culture in the workplace to 

achieve full compliance with the 

regulations and minimize the risks of 

crashes. The report was submitted to 

FMCSA on September 2, 2009, and can 

be viewed at the MCSAC Web site at 

http://mcsac.fmcsa.dot.gov. The report 

has also been posted to the rulemaking 

docket FMCSA 2001–11061, concerning 

FMCSA’s August 25, 2009, Advance 

Notice of Proposed Rulemaking which 

requests public comment on the 

methods the Agency should consider 

implementing to assure that new 

applicant carriers are knowledgeable 

about Federal safety regulations prior to 

beginning operations in interstate 

commerce. 

Issued on: September 17, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–23200 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–EX–P 


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