Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67363

1On December 5, 2001, a protective order was

issued in this proceeding. The title reflected the

expected participation of West Texas and Lubbock

Railroad Company, Inc. (West Texas). Because West

Texas will not, in fact, be a party to the transaction,

the above title has been revised to reflect that fact.

2See RailAmerica, Inc. and West Texas and

Lubbock Railroad Company, Inc.-Control

Exemption-New StatesRail Holdings, Inc. and

Alabama & Gulf Coast Railway L.L.C., STB Finance

Docket No. 34128 (STB served Dec. 5, 2001).

3On December 7, 2001, RailAmerica also filed: (1)

a notice of exemption in STB Finance Docket No.

34129, RailAmerica, Inc.-Control ExemptionStatesRail Acquisition Corp. and StatesRail, Inc., to

continue in control of StatesRail Acquisition Corp.

(Acquisition), and to obtain control of StatesRail, a

holding company that controls Arizona Eastern

Railway Company, Eastern Alabama Railway, Kyle

Railroad Company, San Joaquin Valley Railroad

Company, and SWKR Operating Co., all Class III

railroads, upon the acquisition of all of the stock

of StatesRail by Acquisition; and (2) a petition for

exemption in STB Finance Docket No. 34130,

RailAmerica, Inc.-Control Exemption-Kiamichi

Holdings, Inc. and Kiamichi Railroad L.L.C., to

acquire control of Kiamichi Holdings, Inc., and its

subsidiary Kiamichi Railroad L.L.C.

4RailAmerica has invoked the Board’s class

exemption procedures to acquire control of Class II

rail carrier ParkSierra Corp. (ParkSierra) in

RailAmerica, Inc.-Control Exemption-ParkSierra

Acquisition Corp. and ParkSierra Corp., STB

Finance Docket No. 34100 (STB served Dec. 20,

2001) (ParkSierra). RailAmerica indicates that

ParkSierra’s rail properties do not connect with

those of Alabama & Gulf Coast or those of

RailAmerica’s other rail subsidiaries.

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 34129, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on (1) Gary A.

Laakso, Esq., 5300 Broken Sound Blvd.,

NW., Second Floor, Boca Raton, FL

33487, and (2) Louis E. Gitomer, Esq.,

Ball Janik LLP, 1455 F Street, NW.,

Suite 225, Washington, DC 20005.

Board decisions and notices are

available on our website at

www.stb.dot.gov.

Decided: December 20, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–32008 Filed 12–27–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34128]

RailAmerica, Inc.-Control ExemptionNew StatesRail Holdings, Inc. and

Alabama & Gulf Coast Railway L.L.C.1

RailAmerica, Inc. (RailAmerica), a

noncarrier, has filed a verified notice of

exemption to acquire from StatesRail,

L.L.C. (StatesRail) all of the outstanding

stock of New StatesRail Holdings, Inc.

(New StatesRail), and, through New

StatesRail, to acquire control of its

wholly owned subsidiary, the Alabama

& Gulf Coast Railway, L.L.C. (Alabama

& Gulf Coast), a Class III carrier.

The transaction is scheduled to be

consummated on or after January 1,

2002.

On November 15, 2001, RailAmerica

also filed a motion for protective order

under CFR 1104.14, and the motion was

granted.2

RailAmerica states that, as of its filing

of the notice of exemption, it controls

one Class II and 23 Class III rail

common carriers operating in 23 states.3

However, in ParkSierra, infra,

RailAmerica is acquiring control of a

second Class II carrier.

RailAmerica also states that: (i) these

railroads do not connect with each

other; (ii) the acquisition of control is

not part of a series of anticipated

transactions that would connect the

railroads with each other or any railroad

in their corporate family; and (iii) the

transaction does not involve a Class I

carrier.4 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. Because RailAmerica will

control more than one Class II rail

carrier, the transaction will be made

subject to the labor protection

conditions described in New York Dock

Ry.-Control-Brooklyn Eastern Dist., 360

I.C.C. 60 (1979).

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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 34128, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on (1) Gary A.

Laakso, Esq., 5300 Broken Sound Blvd.

NW., Second Floor, Boca Raton, FL

33487, and (2) Louis E. Gitomer, Esq.,

Ball Janik LLP, 1455 F Street, NW.,

Suite 225, Washington, DC 20005.

Board decisions and notices are

available on our Website at

www.stb.dot.gov.

Decided: December 20, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–32009 Filed 12–27–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–6 (Sub–No. 390X)]

The Burlington Northern and Santa Fe

Railway Company—Abandonment

Exemption—Between Loving and

Pecos Junction, NM, and Between

Pecos Junction, NM, and Rustler

Springs, TX

The Burlington Northern and Santa Fe

Railway Company (BNSF) has filed a

verified notice of exemption under 49

CFR 1152 subpart F—Exempt

Abandonments to abandon a line of

railroad between BNSF milepost 196.00

near Loving, NM, and milepost 217.20

near Pecos Junction, NM, and between

milepost 0.00 near Pecos Junction, NM,

and milepost 25.34 near Rustler Springs,

TX, a total distance of 46.54 miles. The

line traverses United States Postal

Service Zip Codes 88256, 88263, and

79855.

Applicant has certified that: (1) No

local traffic has moved over the line for

at least 2 years; (2) there is no overhead

traffic to be rerouted; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local

government agency acting on behalf of

such user) regarding cessation of service

over the line is either pending with the

Surface Transportation Board (Board) or

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 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

67364 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

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 offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

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 January 29, 2002, 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 January 9,

2002. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by January 22,

2002, with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423–0001.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Michael Smith, Freeborn

& Peters, 311 S. Wacker Dr., Suite 3000,

Chicago, IL 60606–6677. If the verified

notice contains false or misleading

information, the exemption is void ab

initio.

Applicant has filed a separate

environmental report which addresses

the abandonment’s effects, if any, on the

environment and historic resources.

SEA will issue an environmental

assessment (EA) by January 4, 2002.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423–0001) or by

calling SEA, at (202) 565–1552.

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), BNSF 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

BNSF’s filing of a notice of

consummation by December 28, 2002,

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 Website at

www.stb.dot.gov.

Decided: December 18, 2001.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 01–31767 Filed 12–27–01; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket No. BTS–2001–11069]

Reports of Motor Carriers; Notice of

Requests for Exemptions From Public

Release; Request for Comments

AGENCY: Bureau of Transportation

Statistics (BTS), DOT.

ACTION: Notice.

SUMMARY: This Notice announces BTS’

receipt of exemption requests from the

motor carriers listed below and invites

public comments on the exemption

requests. Class I and Class II for-hire

motor carriers of property and

household goods, with gross annual

operating revenue of $3 million or more,

are required to file annual reports with

the BTS and Class I motor carriers must

also file quarterly reports. As provided

by statute, carriers may request that

their reports be withheld from public

release. BTS has opened a public docket

and is inviting comments on the

exemption requests from motor carriers

listed below.

DATES: Comments must be submitted by

February 26, 2002.

ADDRESSES: Send comments to the U. S.

Department of Transportation, Dockets

Management System (DMS). You may

submit your comments by fax, Internet,

in person or via the U.S. mail to the

Docket Clerk, Docket No. BTS–2001–

11069, Department of Transportation,

400 Seventh Street, SW., Room PL–401,

Washington, DC 20590–0001. Please

note that due to delays in the delivery

of U.S. mail to Federal offices in

Washington, DC, we recommend that

persons consider an alternative method

(the Internet, fax, or professional

delivery service) to submit comments to

the docket and ensure their timely

receipt at U.S. DOT. You may fax your

comments to the DMS at (202) 493–

2251. If you have provided any

correspondence related to any

exemption request listed below, please

call (202) 366–5685 to verify receipt at

U.S. DOT.

If you wish to file comments using the

Internet, you may use the DOT DMS

website at http://dms.dot.gov. Please

follow the online instructions for

submitting an electronic comment.

Comments should identify the docket

number and be submitted in duplicate.

If you would like the Department to

acknowledge receipt of your comments,

you must submit a self-addressed

stamped postcard on which the

following statement is made: Comments

on Docket BTS–2001–11069. The

Docket Clerk will date stamp the

postcard prior to returning it to you via

the U.S. mail. The DMS is open for

examination and copying, at the above

address, from 9 a.m. to 5 p.m., Monday

through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Russell B. Capelle, Jr., K–13, Bureau of

Transportation Statistics, 400 Seventh

Street, SW., Washington, DC 20590–

0001; (202) 366–5685; fax: (202) 366–

3364; e-mail: russ.capelle@bts.gov or

Robert A. Monniere, K–2, Bureau of

Transportation Statistics, 400 Seventh

Street, SW., Washington, DC 20590–

0001; (202) 366–5498; fax: (202) 366–

3640; e-mail: robert.monniere@bts.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Under 49 U.S.C. 14123 and its

implementing regulations at 49 CFR part

1420, BTS collects financial and

operating information from for-hire

motor carriers of property and

household goods. The data are collected

on annual Form M, filed by Class I and

Class II carriers, and quarterly Form

QFR, filed only by Class I carriers. The

data are used by the Department of

Transportation, other federal agencies,

motor carriers, shippers, industry

analysts, labor unions, segments of the

insurance industry, investment analysts,

and the consultants and data vendors

that support these users. Among the

uses of the data are: (1) Developing

financial and operating performance

indicators to better measure the trucking

industry and the motor carriers’ role in

the economy; (2) Implementing

performance-based government policies;

(3) Developing benchmark data for

competitive analysis of trucking

companies and the basis for industry

policies; and (4) Research and analysis

by educational institutions.

Generally, all data are made publicly

available. A motor carrier can, however,

request that its report be withheld from

public release, as provided for by

statute, 49 U.S.C. 14123(c)(2), and its

implementing regulations, 49 CFR