[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34392-34393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16616]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35256]


Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail 
Corp.--Continuance in Control Exemption--Temple & Central Texas 
Railway, Inc.

    Patriot Rail, LLC (PRL) and its subsidiaries Patriot Rail Holdings 
LLC (PRH) and Patriot Rail Corp. (Patriot), have filed a verified 
notice of exemption to continue in control of Temple & Central Texas 
Railway, Inc. (TC), upon TC's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption for TC to operate about 7.7 miles of unmarked rail line 
owned by the City of Temple, in Bell County, TX. See STB Finance Docket 
No. 35255, Temple & Central Texas Railway, Inc.--Operation Exemption--
City of Temple, TX.
    The parties intend to consummate the transaction on or after August 
1, 2009.
    PRL is a noncarrier limited liability company that owns not less 
than 51 percent of the equity interests in PRH, which owns 100 percent 
of the stock of Patriot. Patriot is a noncarrier holding company that 
owns 100 percent of the stock of TC and 5 Class III railroad 
subsidiaries: Tennessee Southern Railroad Company (TSRR), Rarus Railway 
Company (Rarus), Utah Central Railway Company (Utah), Sacramento Valley 
Railroad, Inc. (SAVR), and The Louisiana and North West Railroad 
Company (L&NW).
    PRL, PRH, and Patriot state that each has successfully managed 
short line railroads for more than a decade and that they intend to use 
that experience and expertise and their purchasing power to effect 
operating efficiencies for TC, to improve service to shippers, and to 
make TC a financially viable railroad.
    The parties represent that: (1) The rail line to be operated by TC 
does not connect with any other railroads in the corporate family; (2) 
the transaction is not part of a series of anticipated transactions 
that would connect the rail lines with any other railroad in the 
corporate family; \1\ 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).
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    \1\ TSRR's lines are located in Tennessee and Alabama, Rarus' 
lines are located in Montana, Utah's lines are located in Utah, 
SAVR's lines are located in California, and L&NW's lines are located 
in Arkansas and Louisiana.
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    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 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

[[Page 34393]]

automatically stay the effectiveness of the exemption. Stay petitions 
must be filed no later than July 22, 2009 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35256, 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 E. Gitomer, 600 Baltimore 
Ave., Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 9, 2009.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E9-16616 Filed 7-14-09; 8:45 am]
BILLING CODE 4915-01-P