Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 45099 

1A redacted version of the Letter of Intent was 

included with the notice. The full version of the 

Letter of Intent was concurrently filed under seal 

along with a motion for protective order. The 

motion for protective order is being addressed in a 

separate decision. 

2The 80.38 miles of track that SCPRR is acquiring 

include spur, side, and yard trackage in addition to 

the main lines being acquired. 

requests must be filed by September 12, 

2008. See 49 CFR 1152.26(a). A final 

decision will be issued by October 31, 

2008. 

Persons opposing the proposed 

abandonment and/or discontinuance 

who wish to participate actively and 

fully in the process should file a protest. 

Persons who may oppose the 

abandonment and/or discontinuance 

but who do not wish to participate fully 

in the process or by submitting verified 

statements of witnesses containing 

detailed evidence should file comments. 

Persons seeking information concerning 

the filing of protests should refer to 49 

CFR 1152.25. Persons interested only in 

seeking public use or trail use 

conditions should also file comments. 

In addition, a commenting party or 

protestant may provide: (i) An offer of 

financial assistance (OFA) for continued 

rail service, pursuant to 49 U.S.C. 10904 

(due 120 days after the application is 

filed or 10 days after the application is 

granted by the Board, whichever occurs 

sooner); (ii) recommended provisions 

for protection of the interests of 

employees; (iii) a request for a public 

use condition under 49 U.S.C. 10905; 

and (iv) a statement pertaining to 

prospective use of the right-of-way for 

interim trail use and rail banking under 

16 U.S.C. 1247(d) and 49 CFR 1152.29. 

Written comments and protests, 

including all requests for public use and 

trail use conditions, must indicate the 

proceeding designation STB Docket No. 

AB–515 (Sub-No. 2) and must be sent to: 

(1) Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423–

0001, and (2) Terence M. Hynes, Sidley 

Austin LLP, 1501 K Street, NW., 

Washington, DC 20005. The original and 

10 copies of all comments or protests 

shall be filed with the Board with a 

certificate of service. Except as 

otherwise set forth in 49 CFR part 1152, 

every document filed with the Board 

must be served on all parties to the 

abandonment and discontinuance 

proceeding. 49 CFR 1104.12(a). 

The line sought to be abandoned and 

discontinued will be available for 

subsidy or sale for continued rail use, if 

the Board decides to permit the 

abandonment and/or discontinuance, in 

accordance with applicable laws and 

regulations (49 U.S.C. 10904 and 49 CFR 

1152.27). Each OFA must be 

accompanied by a $1,500 filing fee. See 

49 CFR 1002.2(f)(25). No subsidy 

arrangement approved under 49 U.S.C. 

10904 shall remain in effect for more 

than 1 year unless otherwise mutually 

agreed by the parties (49 U.S.C. 

10904(f)(4)(B)). Applicant will promptly 

provide upon request to each interested 

party an estimate of the subsidy and 

minimum purchase price required to 

keep the line in operation. CORP’s 

representative to whom inquiries may 

be made concerning sale or subsidy 

terms is set forth above. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (866) 254–1792 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–9339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. Any 

other persons who would like to obtain 

a copy of the EA (or EIS) may contact 

SEA. EAs in this type of abandonment 

proceeding normally will be made 

available within 33 days of the filing of 

the application. The deadline for 

submission of comments on the EA will 

generally be within 30 days of its 

service. The comments received will be 

addressed in the Board’s decision. A 

supplemental EA or EIS may be issued 

where appropriate. 

By decisions served in this 

proceeding on July 29, 2008, and on 

August 1, 2008, the Board is also 

providing for a public hearing to be held 

in this proceeding. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: July 29, 2008. 

By the Board, David M. Konschnik, 

Director of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–17694 Filed 7–31–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35165] 

Sierra & Central Pacific Railroad 

Company, Inc.—Acquisition and 

Operation Exemption—Sierra Northern 

Railway and Sierra Railroad Company 

Sierra & Central Pacific Railroad 

Company, Inc. (SCPRR), a noncarrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.31 to acquire from 

Sierra Northern Railway (SNR) and 

Sierra Railroad Company (SRC) and to 

operate, pursuant to a Letter of Intent 

dated March 20, 2008,1 approximately 

80.30 miles of track as follows: (1) SRC’s 

rail line between Oakdale, CA, milepost 

0.0, and Sonora, CA, milepost 49.0; (2) 

SNR’s Woodland Branch, between 

milepost 1.75 and milepost 16.5, with 

the right of access through the Union 

Pacific Railroad Company’s (UP) 

Westgate Yard; (3) SNR’s industrial 

switching operation over approximately 

4.50 miles at the Riverbank Arsenal over 

property leased from the U.S. 

Government through its agent NI 

Industries, Inc.; and (4) SNR’s operation 

at the Port of Sacramento over track that 

is leased from the Port of Sacramento, 

with the right of access through UP’s 

Westgate Yard.2 All of the lines are 

currently operated by SNR. 

This transaction is related to the 

concurrently filed verified notice of 

exemption in 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. In that proceeding, 

Patriot Rail, LLC and its subsidiaries, 

Patriot Rail Holdings LLC and Patriot 

Rail Corp., jointly have filed a verified 

notice of exemption to continue in 

control of SCPRR, upon its becoming a 

rail carrier. 

The transaction is scheduled to be 

consummated on or after August 15, 

2008 (30 days after the notice of 

exemption was filed). 

SCPRR certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail carrier 

and will not exceed $5 million. 

According to SCPRR, the proposed 

acquisition and operation does not 

involve a provision or agreement that 

may limit future interchange with a 

third-party connecting carrier. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, section 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 

mstockstill on PROD1PC66 with NOTICES

45100 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 

1Watco owns 100% of the issued and outstanding 

stock of BRSR. 

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 to 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. 35165, 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 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. E8–17657 Filed 7–31–08; 8:45 am] 

BILLING CODE 4915–01–P 

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 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35169] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Baton Rouge 

Southern Railroad, LLC 

Watco Companies, Inc. (Watco), a 

noncarrier, has filed a verified notice of 

exemption to continue in control of 

Baton Rouge Southern Railroad, LLC 

(BRSR), upon BRSR’s becoming a Class 

III rail carrier.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35159, Baton Rouge Southern Railroad, 

LLC—Lease and Operation Exemption—

The Kansas City Southern Railway 

Company. In that proceeding, BRSR 

seeks an exemption under 49 CFR 

1150.31 to lease and to operate 

approximately 8.2 miles of rail line 

owned by The Kansas City Southern 

Railway Company between specified 

points in Louisiana. 

The parties intend to consummate the 

transaction on or shortly after August 

19, 2008, and hence after the August 17, 

2008 effective date of the exemption. 

Watco currently controls 17 Class III 

rail carriers: South Kansas and 

Oklahoma Railroad Company, Palouse 

River & Coulee City Railroad, Inc., 

Timber Rock Railroad, Inc., Stillwater 

Central Railroad, Inc., Eastern Idaho 

Railroad, Inc., Kansas & Oklahoma 

Railroad, Inc., Pennsylvania 

Southwestern Railroad, Inc., Great 

Northwest Railroad, Inc., Kaw River 

Railroad, Inc., Mission Mountain 

Railroad, Inc., Mississippi Southern 

Railroad, Inc., Yellowstone Valley 

Railroad, Inc., Louisiana Southern 

Railroad, Inc., Arkansas Southern 

Railroad, Inc., Alabama Southern 

Railroad, Inc., Vicksburg Southern 

Railroad, Inc, and Austin Western 

Railroad, Inc. 

Watco represents that: (1) The rail 

lines to be operated by BRSR do not 

connect with any other railroads in the 

mstockstill on PROD1PC66 with NOTICES