68400 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 

1CLC states that it intends to interchange traffic 

at Rocky Point, Wash., with BNSF Railway 

Company and Union Pacific Railroad Company, 

and at Ostrander Junction, with its affiliate, Patriot 

Woods Railroad, LLC. 

1The Board authorized abandonment of the Line 

in CSX Transportation, Inc.—Abandonment 

Exemption—in Allegany County, Md., Docket No. 

AB 55 (Sub-No. 659X) (STB served Aug. 25, 2005). 

By decision served December 14, 2005, WMS, LLC 

(WMS) was authorized to acquire the Line pursuant 

to the Board’s offer of financial assistance (OFA) 

provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, 

and by decision served August 18, 2006, James 

Riffin was substituted as the acquiring entity in lieu 

of WMS. 

2Applicants state that consummation of this 

transaction is subject to approval by the bankruptcy 

court. Consummation is also subject to a grant of 

the petition filed in AB 55 (Sub-No. 659X). 

Information Relay Service (FIRS) at: 

(800) 877–8339.] 

SUPPLEMENTARY INFORMATION: This 

notice is related to a concurrently filed 

notice of exemption also served and 

published on October 15, 2010 in Gulf 

& Ohio Railways Holding Co., Inc., H. 

Peter Claussen and Linda C. Claussen— 

Continuance in Control Exemption— 

Lancaster & Chester Railroad, LLC, 

Docket No. FD 35414, wherein the 

above parties seek to continue in control 

of L&C Railroad, upon L&C Railroad’s 

becoming a Class III rail carrier. 

Decided: October 28, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–27975 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35426] 

Columbia & Cowlitz Railway, LLC— 

Acquisition and Operation 

Exemption—Columbia & Cowlitz 

Railway Company 

Columbia & Cowlitz Railway, LLC 

(CLC), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to acquire from Columbia & 

Cowlitz Railway Company and to 

operate approximately 8.5 miles of rail 

line between milepost 0.0 (Longview) 

and milepost 8.5 (Ostrander Junction), 

including auxiliary and spur tracks, in 

Cowlitz County, Wash.1

This transaction is related to a 

transaction in which Patriot Rail, LLC 

and its subsidiaries entered into an asset 

purchase agreement on July 21, 2010, to 

acquire from Weyerhaeuser NR 

Company certain rail assets and the rail 

assets of five of its subsidiaries. 

This transaction is also related to six 

other transactions for which notices of 

exemption have been concurrently filed: 

Docket No. FD 35425, Tennessee 

Southern Railroad Company, Patriot 

Rail, LLC, Patriot Rail Holdings LLC, 

and Patriot Rail Corp.—Continuance in 

Control Exemption—Columbia & 

Cowlitz Railway, LLC, Dequeen and 

Eastern Railroad, LLC, Golden Triangle 

Railroad, LLC, Mississippi & Skuna 

Valley Railroad, LLC, Patriot Woods 

Railroad, LLC, and Texas, Oklahoma & 

Eastern Railroad, LLC, in which Patriot 

Rail, LLC and its subsidiaries seek to 

continue in control of CLC in this 

proceeding and five other newly created 

noncarrier subsidiaries, upon the latter 

becoming Class III rail carriers in the 

following proceedings: (1) Docket No. 

FD 35427, DeQueen and Eastern 

Railroad, LLC—Acquisition and 

Operation Exemption—DeQueen and 

Eastern Railroad Company; (2) Docket 

No. FD 35428, Golden Triangle 

Railroad, LLC—Acquisition and 

Operation Exemption—Golden Triangle 

Railroad Company; (3) Docket No. FD 

35429, Mississippi & Skuna Valley 

Railroad, LLC—Acquisition and 

Operation Exemption—Mississippi & 

Skuna Valley Railroad Company; (4) 

Docket No. FD 35430, Texas, Oklahoma 

& Eastern Railroad, LLC—Acquisition 

and Operation Exemption—Texas, 

Oklahoma & Eastern Railroad 

Company; and (5) Docket No. FD 35431, 

Patriot Woods Railroad, LLC— 

Acquisition and Operation Exemption— 

Weyerhaeuser NR Company, 

Weyerhaeuser Woods Railroad 

Operating Division. 

The parties intend to consummate the 

transaction on or after December 21, 

2010. 

CLC certified that its projected annual 

revenues as a result of the transaction 

will not exceed those that would qualify 

it as a Class III rail carrier. 

Because CLC’s projected annual 

revenues will exceed $5 million, CLC 

certified to the Board on October 20, 

2010, that it had complied on October 

20, 2010, with the requirements of 49 

CFR 1150.32(e) providing for notice to 

employees and their labor unions on the 

affected line. Under 49 CFR 1150.32(e), 

this exemption cannot become effective 

until 60 days after the date notice was 

provided. 

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 December 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35426 must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, a copy must be served on 

Louis E. Gitomer, 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: November 1, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–27978 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35438] 

Eighteen Thirty Group, LLC— 

Acquisition Exemption—in Allegany 

County, MD 

Eighteen Thirty Group, LLC (Eighteen 

Thirty), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to acquire an 8.54-mile line of 

railroad between milepost BAI 27.0 near 

Morrison and milepost BAI 18.46 at the 

end of the track near Carlos, in Allegany 

County, Md. (the Line). Eighteen Thirty 

is seeking to acquire the Line as a result 

of the bankruptcy of James Riffin 1

through an agreement with Mark J. 

Friedman, Chapter 7 Trustee of the 

Bankruptcy Estate of James Riffin.2

This transaction is related to two 

simultaneously filed notices of 

exemption: (1) Docket No. FD 35437, 

Georges Creek Railway, LLC—Operation 

Exemption—in Allegany County, Md., in 

which Georges Creek Railway, LLC 

(Georges Creek), seeks an exemption 

under 49 CFR 1150.31 to operate the 

Line; and (2) Docket No. FD 35436, 

Duncan Smith and Gerald Altizer— 

Continuance in Control Exemption— 

Eighteen Thirty Group, LLC and Georges 

Creek Railway, LLC, in which Duncan 

Smith and Gerald Altizer, the owners of 

Eighteen Thirty and Georges Creek, seek 

an exemption to continue in control of 

Eighteen Thirty and Georges Creek upon 

their becoming Class III rail carriers. 

This transaction is also related to a 

petition simultaneously filed by 

Eighteen Thirty in Docket No. AB 55 

(Sub-No. 659X), CSX Transportation, 

Inc.—Abandonment Exemption—in 

Allegany County, Md., seeking an 

exemption under 49 U.S.C. 10502 from 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 68401 

3Eighteen Thirty has attached a letter from CSXT 

stating that it issued the deed for the sale of the Line 

of July 10, 2006, but that it will not exercise its 

statutory right to reacquire the Line and that it 

waives its rights under the statute. 

4Eighteen Thirty states that approval by the 

bankruptcy court could take up to 60 days. 

1The remaining 5% interest in Georges Creek is 

owned by Patrick Stakem. 

2The Board authorized abandonment of the Line 

in CSX Transportation, Inc.—Abandonment 

Exemption—in Allegany County, Md., AB 55 (SubNo. 659X) (STB served Aug. 25, 2005). By decision 

served December 14, 2005, WMS, LLC (WMS) was 

authorized to acquire the Line pursuant to the 

Board’s offer of financial assistance (OFA) 

provisions at 49 U.S.C. 10904 and 49 CFR 1152.27, 

and by decision served August 18, 2006, James 

Riffin was substituted as the acquiring entity in lieu 

of WMS. 

3Eighteen Thirty has attached a letter from CSXT 

stating that it issued the deed for the sale of the Line 

on July 10, 2006, but that it will not exercise it 

statutory right to reacquire the Line and that it 

waives its rights under the statute. 

4Applicants state that consummation of this 

transaction is dependent upon bankruptcy court 

approval of the acquisition of the Line by Eighteen 

Thirty, a process likely to take up to 60 days. 

the OFA requirements of 49 U.S.C. 

10904(f)(4)(A). The latter provision 

forbids an entity that has acquired a rail 

line under the OFA process from 

transferring that line to any entity other 

than the abandoning rail carrier from 

which it was originally purchased prior 

to the end of the fifth year after 

consummation of the sale.3

Eighteen Thirty states that it intends 

to consummate this transaction once the 

bankruptcy court approves its purchase 

agreement, but no sooner than 

November 18, 2010, the effective date of 

this exemption (30 days after the 

exemption was filed).4

Eighteen Thirty certifies that its 

projected revenues as a result of this 

transaction will not result in the 

creation of a Class II or Class I rail 

carrier and will not exceed $5 million 

annually. 

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 November 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35438, 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 

D. Heffner, John D. Heffner, PLLC, 1750 

K Street, NW., Suite 200, Washington, 

DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–27968 Filed 11–4–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35436] 

Duncan Smith and Gerald Altizer— 

Continuance in Control Exemption— 

Eighteen Thirty Group, LLC and 

Georges Creek Railway, LLC 

Duncan Smith and Gerald Altizer 

(collectively applicants), noncarrier 

individuals, have filed a verified notice 

of exemption to continue in control of 

Eighteen Thirty Group, LLC (Eighteen 

Thirty) and Georges Creek Railway, LLC 

(Georges Creek), upon Eighteen Thirty 

and Georges Creek becoming Class III 

rail carriers. Mr. Smith owns 80% of 

Eighteen Thirty and 75% of Georges 

Creek. Mr. Altizer owns a 20% interest 

in each company and will manage the 

operations of Georges Creek.1

Applicants do not currently control any 

other rail carriers. 

This transaction is related to two 

simultaneously filed notices of 

exemption: (1) Docket No. FD 35437, 

Georges Creek Railway, LLC—Operation 

Exemption—in Allegany County, Md., in 

which Georges Creek seeks an 

exemption under 49 CFR 1150.31 to 

operate an 8.54-mile line of railroad 

between milepost BAI 27.0 near 

Morrison and milepost BAI 18.46 at the 

end of the track near Carlos, in Allegany 

County, Md., (the Line); and (2) Docket 

No. FD 35438, Eighteen Thirty Group, 

LLC—Acquisition Exemption—in 

Allegany County, Md., in which 

Eighteen Thirty seeks an exemption 

under 49 CFR 1150.31 to acquire the 

Line pursuant to its agreement with 

Mark J. Friedman, Chapter 7 Trustee of 

the Bankruptcy Estate of James Riffin.2

This transaction is also related a 

petition simultaneously filed by 

Eighteen Thirty in Docket No. AB 55 

(Sub-No. 659X), CSX Transportation, 

Inc.—Abandonment Exemption—in 

Allegany County, Md., seeking an 

exemption under 49 U.S.C. 10502 and 

from the OFA requirements of 49 U.S.C. 

10904(f)(4)(A). The latter provision 

forbids an entity that has acquired a rail 

line under the OFA process from 

transferring that line to any entity other 

than the abandoning rail carrier from 

which it was originally purchased prior 

to the end of the fifth year after 

consummation of the sale.3

The transaction is scheduled to be 

consummated no sooner than November 

18, 2010, the effective date of the 

exemption (30 days after the exemption 

was filed).4

Applicants state that: (1) Because 

Eighteen Thirty will be a non-operating 

carrier, the railroads will not connect 

with each other; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect these railroads with one 

another or any other railroad in their 

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 §§ 11324 and 11325 

that involve only Class III rail carriers. 

Accordingly, the Board may not impose 

labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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 November 10, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to FD 35436, 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 

D. Heffner, PLLC, 1750 K Street, NW., 

Suite 200, Washington, DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

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