[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 45100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17655]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35166]


Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail 
Corp.--Continuance in Control Exemption--Sierra & Central Pacific 
Railroad Company, Inc.

    Patriot Rail, LLC (PRL), and its subsidiaries, Patriot Rail 
Holdings LLC (PRH) and Patriot Rail Corp. (PRC) (collectively, 
Patriot), all noncarriers, jointly have filed a verified notice of 
exemption to continue in control of Sierra & Central Pacific Railroad 
Company, Inc. (SCPRR), upon SCPRR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35165, Sierra & Central Pacific 
Railroad Company, Inc.--Acquisition and Operation Exemption--Sierra 
Northern Railway and Sierra Railroad Company. In that proceeding, SCPRR 
seeks to acquire from Sierra Northern Railway (SNR) and Sierra Railroad 
Company, Inc., and to operate approximately 80.30 miles of track in the 
State of California, currently operated by SNR.
    The transaction is scheduled to be consummated on or after August 
15, 2008 (30 days after the notice of exemption was filed).
    PRL is a noncarrier limited liability company that owns 51% of the 
equity interest in PRH, which, in turn, owns 100% of the stock of PRC. 
PRC is a noncarrier holding company that controls the following Class 
III rail carries: Tennessee Southern Railroad Company, Rarus Railway 
Company, Utah Central Railway Company, Sacramento Valley Railroad, 
Inc., and The Louisiana and North West Railroad Company LLC. Pursuant 
to the transaction, PRC will acquire direct control of SCPRR. PRL and 
PRH, through their control of PRC, will acquire indirect control of 
SCPRR.
    Patriot states that: (1) The rail lines to be acquired and operated 
by SCPRR do not connect with it or any other railroad in the Patriot 
corporate family; (2) the continuance in control is not part of a 
series of anticipated transactions that would connect the railroads 
with each other or any other railroad in the Patriot corporate family; 
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 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 August 8, 2008 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35166, 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 Louis F. Gitomer, Esq., 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 25, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-17655 Filed 7-31-08; 8:45 am]
BILLING CODE 4915-01-P