52836 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 

1SF Bay was originally formed as LB Railco, Inc. 

on January 8, 2001; the railroad’s name was 

changed in 2007. 

DEPARTMENT OF STATE 

[Public Notice 6712] 

Notice of Meeting of a Study Group of 

the U.S. Department of State Advisory 

Committee on Private International 

Law 

A Study Group of the Department of 

State Advisory Committee on Private 

International Law (ACPIL) will be 

holding a public meeting to continue 

the discussion of the treatment of IPsecured financing practices in the 

United Nations Commission on 

International Trade (UNCITRAL) Draft 

Legislative Guide on Secured 

Transactions (Guide). At the 40th 

Session of the UNCITRAL in December 

2007, it adopted a legislative guide on 

secured transactions, including 

recommendations dealing with the 

scope of the Guide as it relates to IP law 

and secured financing, as well as the 

inclusion in the commentary to the 

Guide of explanatory statements on the 

treatment of IP as secured financing. 

UNCITRAL also approved a work 

project on IP law matters as they relate 

to secured financing law. Earlier 

sessions for that work project were held 

in May and October of 2008 and April 

and May 2009. A fourth session of the 

IP work project is scheduled in 

November 2009 in Vienna. 

The Study Group will use this public 

meeting to continue to exchange 

thoughts on the relationship between 

secured finance and IP and how this 

matter should be addressed in the new 

draft IP annex to the Guide. The report 

of the first two sessions of the working 

group and the papers prepared by the 

Secretariat for the next session of the 

UNCITRAL working group can be 

obtained at http://www.uncitral.org/ 

uncitral/en/commission/ 

working_groups/ 

6Security_Interests.html. 

Time: The public meeting will take 

place at the Department of State, Office 

of Private International Law, 2430 E 

Street, NW., Washington, DC on 

Wednesday, October 21, from 9:30 a.m. 

to 11:30 a.m. EST. 

Public Participation: This Study 

Group meeting is open to the public, 

subject to the capacity of the meeting 

room. Access to the meeting building is 

controlled; persons wishing to attend 

should contact Tricia Smeltzer or 

Niesha Toms of the Department of State 

Legal Adviser’s Office at 

SmeltzerTK@state.gov or 

TomsNN@state.gov and provide your 

name, e-mail address, and mailing 

address to get admission into the 

meeting or to get directions to the office. 

Persons who cannot attend but who 

wish to comment are welcome to do so 

by e-mail to Michael Dennis at 

DennisMJ@state.gov. A member of the 

public needing reasonable 

accommodation should advise those 

same contacts not later than October 

12th. Requests made after that date will 

be considered, but might not be able to 

be fulfilled. If you are unable to attend 

the public meeting and you would like 

to participate by teleconferencing, 

please contact Tricia Smeltzer or Niesha 

Toms at 202–776–8420 to receive the 

conference call-in number and the 

relevant information. 

Dated: October 6, 2009. 

Michael J. Dennis, 

Attorney-Adviser, Office of Private 

International Law, U.S. Department of State. 

[FR Doc. E9–24694 Filed 10–13–09; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35303] 

David Gavrich—Continuance in 

Control Exemption—San Francisco 

Bay Railroad-Mare Island 

David Gavrich (Gavrich) has filed a 

verified notice of exemption to continue 

in control of San Francisco Bay 

Railroad-Mare Island (SF Bay-Mare Is.), 

upon SF Bay-Mare Is.’s becoming a 

Class III rail carrier. 

This transaction is related to a 

concurrently filed verified notice of 

exemption for SF Bay-Mare Is. to 

operate about 8 miles of unmarked rail 

line owned by the City of Vallejo (the 

City) and Lennar Mare Island, LLC in 

Vallejo, CA. See San Francisco Bay 

Railroad-Mare Island—Operation 

Exemption—California Northern 

Railroad, STB Finance Docket No. 

35304. 

SF Bay-Mare Is. is currently 

negotiating an operating agreement with 

the City. Gavrich states that it intends to 

commence operations over the line as 

soon as the agreement has been 

finalized, a locomotive obtained and 

operating authority is granted. 

In addition to wholly owning SF BayMare Is., Gavrich is also the sole owner 

of San Francisco Bay Railroad (SF Bay).1

SF Bay operates approximately 4.3 

miles of track owned by the Port of San 

Francisco. 

Gavrich states that the proposed 

transaction will restore common carrier 

freight service to Mare Island at the 

request of the City to meet the demand 

of a shipper. Further, the operation will 

increase employment opportunities in 

the region, as Mare Island has 

significant industry and commercial 

space with potential for increased 

commercial activity. Gavrich also states 

that his experience operating safely on 

city streets will reduce the cost of 

providing service. 

Gavrich represents that the rail line to 

be operated by SF Bay-Mare Is. does not 

connect with track operated by SF Bay; 

the two railroads will serve shippers on 

opposite sides of San Francisco and San 

Pablo Bays. No Class I carrier is 

involved in the transaction. 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 the carrier involved is a Class 

III carrier and the entity seeking to 

become a carrier would be a Class III 

carrier. 

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 21, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35303, 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 F. 

McHugh, 6 Water St., New York, NY 

10004. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 8, 2009. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–24691 Filed 10–13–09; 8:45 am] 

BILLING CODE 4915–01–P 

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