Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 16257 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

Drive Industrial Lead, extending from 

milepost 92.21, the Shoreline 

connection, to the end of the line at 

milepost 89.13, south of Hampton 

Avenue in the northeast Milwaukee 

area, in Milwaukee County, WI. The line 

traverses United States Postal Service 

Zip Codes 53209, 53211, 53212 and 

53217. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line; (3) no formal 

complaint filed by a user of rail service 

on the line (or by a State or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board or with 

any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental reports), 49 CFR 1105.8 

(historic reports), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on May 9, 

2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 20, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 29, 2009, 

with: Surface Transportation Board, 395 

E Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 

Senior General Attorney, 101 North 

Wacker Drive, Room 1920, Chicago, IL 

60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

UP has filed a combined 

environmental and historic report 

addressing the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by April 

14, 2009. Interested persons may obtain 

a copy of the EA by writing to SEA 

(Room 1100, Surface Transportation 

Board, Washington, DC 20423–0001) or 

by calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), UP shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

UP’s filing of a notice of consummation 

by April 9, 2010, and there are no legal 

or regulatory barriers to consummation, 

the authority to abandon will 

automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 3, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–8061 Filed 4–8–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35235] 

Gabriel D. Hall—Corporate Family 

Transaction Exemption—U S Rail 

Holdings, LLC and U S Rail 

Corporation 

Gabriel D. Hall (Hall), an individual, 

has filed a verified notice of exemption 

under 49 CFR 1180.2(d)(3) to exempt 

from the provisions of 49 U.S.C. 11323 

a transaction within the family of 

business entities in which he owns 

controlling interests. Hall owns a 

majority of the issued and outstanding 

shares of stock of U S Rail Corporation 

(U S Rail), a Class III carrier with 

operating authority in Ohio and Indiana. 

To facilitate financing, Hall has formed 

a new limited liability company, U S 

Rail Holdings, LLC (Holdings), in which 

he owns a majority of the issued and 

outstanding equity interests, to hold the 

Indiana leasehold interests. Holdings 

has entered into a new ten year lease 

with the owners of the Indiana rail 

lines. Once the new lease becomes 

effective, the existing lease between the 

owners and U S Rail will be terminated, 

and Holdings will immediately 

designate U S Rail as the operator of the 

rail lines, effectively transferring the 

operating authority back to U S Rail. 

Holdings will be the non-operating 

lessee (with residual common carrier 

obligations) and U S Rail will continue 

to be the operator of the rail lines. Hall 

will remain in control of both entities. 

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35234, U S 

Rail Holdings, LLC—Lease and 

Operation Exemption—Winamac 

Southern Railway Company and 

Kokomo Grain Co., Inc. In that 

proceeding, Holdings seeks an 

exemption under 49 CFR 1150.31 to 

lease from Winamac Southern Railway 

Company and Kokomo Grain Co., Inc. 

and to operate approximately 58.89 

miles of rail lines in Indiana. 

The purpose of the transaction is to 

establish a structure conducive for 

future financing, while keeping all 

interests within the corporate family of 

entities controlled by Hall. 

This is a transaction within a 

corporate family of the type specifically 

exempted from prior review and 

approval under 49 CFR 1180.2(d)(3). 

Hall states that the transaction will not 

result in adverse changes in service 

levels, significant operational changes, 

or any change in the competitive 

balance with carriers outside the 

corporate family. 

The transaction is scheduled to be 

consummated on or after April 23, 2009, 

the effective date of the exemption (30 

days after the exemption was filed). 

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 


dwashington3 on PROD1PC60 with NOTICES
16258 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 

1According to Holdings, it has entered into a new 

ten year lease agreement with WSRY and Kokomo 

Grain to cover operation of the rail lines, which are 

currently being operated by U S Rail Corporation 

(U S Rail), an affiliate. Pursuant to the transaction, 

the current lease with U S Rail will be terminated 

and pursuant to the new lease, Holdings has 

authority to appoint and intends to appoint U S Rail 

as the operator. Holdings states that it has been 

established primarily for financing purposes and 

currently does not intend to operate as a railroad. 

Holdings acknowledges, however, that in leasing 

the rail lines it will have a residual common carrier 

obligation. 

impose labor protective conditions here, 

because all of 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 transaction. 

Petitions for stay must be filed no later 

than April 16, 2009 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35235, must be filed with 

the Surface Transportation Board, 395 E 

Street, NW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Eric M. 

Hocky, One Commerce Square, 2005 

Market Street, Suite 1910, Philadelphia, 

PA 19103. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 3, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–8060 Filed 4–8–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35234] 

U S Rail Holdings, LLC—Lease and 

Operation Exemption—Winamac 

Southern Railway Company and 

Kokomo Grain Co., Inc. 

U S Rail Holdings, LLC (Holdings), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

lease from Winamac Southern Railway 

Company (WSRY) and Kokomo Grain 

Co., Inc., and to operate approximately 

58.89 miles of rail lines, located in 

Indiana: (1) The Bringhurst Line, 

between milepost 50.1 at Bringhurst and 

milepost 71.5 at Van Jct. (Logansport); 

(2) the Kokomo Line, between milepost 

74.5 at Eighteenth St. Yard (Logansport) 

and milepost 97.9 at Kokomo; (3) the 

Kokomo Belt Line, between milepost 0.0 

at E. Markland Ave (Kokomo) and 

milepost 1.5 at Union St. (Kokomo); and 

(4) the Amboy Line, between milepost 

147.07 at Amboy, and milepost 134.48± 

at Marion.1

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35235, 

Gabriel D. Hall—Corporate Family 

Transaction Exemption—U.S. Rail 

Holdings, LLC and U S Rail Corporation. 

In that proceeding, Gabriel D. Hall has 

filed a notice of exemption under 49 

CFR 1180.2(d)(3) to exempt, from the 

provisions of 49 U.S.C. 11323, a 

transaction within the family of 

business entities in which he owns 

controlling interests. 

Holdings certifies that its projected 

annual revenues as a result of the 

transaction will not result in Holdings 

becoming a Class II or Class I rail carrier 

and further certifies that its projected 

annual revenues will not exceed $5 

million. 

The transaction is expected to be 

consummated on or after April 23, 2009, 

the effective date of the exemption (30 

days after the exemption was filed). 

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 April 16, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35234, 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 Eric M, 

Hocky, One Commerce Square, 2005 

Market Street, Suite 1910, Philadelphia, 

PA 19103. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 3, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–8074 Filed 4–8–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Departmental Offices; Debt 

Management Advisory Committee 

Meeting 

Notice is hereby given, pursuant to 5 

U.S.C. App. 2, § 10(a)(2), that a meeting 

will be held at the Hay-Adams Hotel, 

16th Street and Pennsylvania Avenue, 

NW., Washington, DC, on April 28, 2009 

at 10:30 a.m. of the following debt 

management advisory committee: 

Treasury Borrowing Advisory 

Committee of The Securities Industry 

and Financial Markets Association. 

The agenda for the meeting provides 

for a charge by the Secretary of the 

Treasury or his designate that the 

Committee discuss particular issues and 

conduct a working session. Following 

the working session, the Committee will 

present a written report of its 

recommendations. The meeting will be 

closed to the public, pursuant to 5 

U.S.C. App. 2, § 10(d) and Public Law 

103–202, § 202(c)(1)(B) (31 U.S.C. 3121 

note). 

This notice shall constitute my 

determination, pursuant to the authority 

placed in heads of agencies by 5 U.S.C. 

App. 2, § 10(d) and vested in me by 

Treasury Department Order No. 101–05, 

that the meeting will consist of 

discussions and debates of the issues 

presented to the Committee by the 

Secretary of the Treasury and the 

making of recommendations of the 

Committee to the Secretary, pursuant to 

Public Law 103–202, § 202(c)(1)(B). 

Thus, this information is exempt from 

disclosure under that provision and 5 

U.S.C. 552b(c)(3)(B). In addition, the 

meeting is concerned with information 

that is exempt from disclosure under 5 

U.S.C. 552b(c)(9)(A). The public interest 

requires that such meetings be closed to 

the public because the Treasury 

Department requires frank and full 

advice from representatives of the 

financial community prior to making its 

final decisions on major financing 

operations. Historically, this advice has 

been offered by debt management 

advisory committees established by the 

several major segments of the financial 


dwashington3 on PROD1PC60 with NOTICES