57728 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices

1152.27(c)(2),3 and trail use/rail banking DEPARTMENT OF TRANSPORTATION the transaction is exempt from the prior requests under 49 CFR 1152.29 must be approval requirements of 49 U.S.C. filed by October 14, 2008. Petitions to Surface Transportation Board 11323. See 49 CFR 1180.2(d)(2). reopen or requests for public use [STB Finance Docket No. 35174] Under 49 U.S.C. 10502(g), the Board conditions under 49 CFR 1152.28 must may not use its exemption authority to be filed by October 23, 2008, with the Companies, Inc.—Continuance relieve a rail carrier of its statutory Surface Transportation Board, 395 E in Control Exemption—Pacific Sun obligation to protect the interests of its Street, SW., Washington, DC 20423– Railroad, L.L.C. employees. Section 11326(c), however, 0001. does not provide for labor protection for A copy of any petition filed with the Watco Companies, Inc. (Watco), a transactions under sections 11324 and Board should be sent to CSXT’s noncarrier, has filed a verified notice of 11325 that involve only Class III rail representative: Kathryn R. Barney, CSX exemption to continue in control of carriers. Accordingly, the Board may not Transportation, Inc., 500 Water Street, Pacific Sun Railroad, L.L.C. (PSRR), impose labor protective conditions here, J–150, Jacksonville, FL 32202. upon PSRR’s becoming a Class III rail because all of the carriers involved are carrier.1 If the verified notice contains false or Class III carriers. This transaction is related to a misleading information, the exemption If the verified notice contains false or concurrently filed verified notice of is void ab initio. misleading information, the exemption exemption in STB Finance Docket No. CSXT has filed environmental and is void ab initio. Petitions to revoke the 35173, Pacific Sun Railroad, L.L.C.— exemption under 49 U.S.C. 10502(d) historic reports that address the effects, Lease and Operation Exemption—BNSF if any, of the abandonment on the may be filed at any time. The filing of Railway Company. In that proceeding, a petition to revoke will not environment and historic resources. PSRR seeks an exemption under 49 CFR SEA will issue an environmental automatically stay the effectiveness of 1150.31 to lease from BNSF Railway the exemption. Stay petitions must be assessment (EA) by October 10, 2008. Company (BNSF) and to operate Interested persons may obtain a copy of filed no later than October 10, 2008 (at approximately 21.5 miles of rail line least 7 days before the exemption the EA by writing to SEA (Room 1100, and rail freight easement between Surface Transportation Board, becomes effective). specified points in . In An original and 10 copies of all Washington, DC 20423–0001) or by addition, PSRR will receive incidental calling SEA, at (202) 245–0305. pleadings, referring to STB Finance trackage rights from BNSF to provide Docket No. 35174, must be filed with [Assistance for the hearing impaired is local service over an approximately available through the Federal the Surface Transportation Board, 395 E 45.49-mile reserved rail freight service Street, SW., Washington, DC 20423– Information Relay Service (FIRS) at easement in California. 1–800–877–8339.] Comments on 0001. In addition, one copy of each The parties intend to consummate the pleading must be served on Karl Morell, environmental and historic preservation transaction on or about October 24, matters must be filed within 15 days Of Counsel, Ball Janik, LLP, Suite 225, 2008, and hence after the October 17, 1455 F Street, NW., Washington, DC after the EA becomes available to the 2008 effective date of the exemption. public. 20005. Watco currently controls 18 Class III Board decisions and notices are Environmental, historic preservation, rail carriers: South Kansas and available on our Web site at http:// public use, or trail use/rail banking Oklahoma Railroad Company, Palouse www.stb.dot.gov. conditions will be imposed, where River & Coulee City Railroad, Inc., appropriate, in a subsequent decision. Timber Rock Railroad, Inc., Stillwater Decided: September 26, 2008. Pursuant to the provisions of 49 CFR Central Railroad, Inc., Eastern Idaho By the Board, David M. Konschnik, 1152.29(e)(2), CSXT shall file a notice of Railroad, Inc., Kansas & Oklahoma Director, Office of Proceedings. consummation with the Board to signify Railroad, Inc., Pennsylvania Anne K. Quinlan, that it has exercised the authority Southwestern Railroad, Inc., Great Acting Secretary. granted and fully abandoned the line. If Northwest Railroad, Inc., Kaw River [FR Doc. E8–23376 Filed 10–2–08; 8:45 am] consummation has not been effected by Railroad, Inc., Mission Mountain BILLING CODE 4915–01–P CSXT’s filing of a notice of Railroad, Inc., Mississippi Southern consummation by October 3, 2009, and Railroad, Inc., Yellowstone Valley there are no legal or regulatory barriers Railroad, Inc., Louisiana Southern DEPARTMENT OF TRANSPORTATION to consummation, the authority to Railroad, Inc., Arkansas Southern abandon will automatically expire. Railroad, Inc., Alabama Southern Surface Transportation Board Board decisions and notices are Railroad, Inc., Vicksburg Southern [STB Finance Docket No. 35173] available on our Web site at http:// Railroad, Inc, , www.stb.dot.gov. Inc, and Baton Rouge Southern Pacific Sun Railroad, L.L.C.—Lease Decided: September 25, 2008. Railroad, LLC. and Operation Exemption—BNSF Railway Company By the Board, David M. Konschnik, Watco represents that: (1) The rail lines to be operated by PSRR do not Director, Office of Proceedings. Pacific Sun Railroad, L.L.C. (PSRR), a connect with any other railroads in the Anne K. Quinlan, noncarrier, has filed a verified notice of Watco corporate family; (2) the Acting Secretary. exemption under 49 CFR 1150.31 to continuance in control is not part of a acquire, by lease, and to operate [FR Doc. E8–23072 Filed 10–2–08; 8:45 am] series of anticipated transactions that approximately 21.5 miles of BNSF BILLING CODE 4915–01–P would connect these rail lines with any Railway Company’s (BNSF) rail lines other railroad in the Watco corporate 1 3 and freight rail easement in California. Effective July 18, 2008, the filing fee for an OFA family; and (3) the transaction does not increased to $1,500. See Regulations Governing Fees for Services Performed in Connection with involve a Class I rail carrier. Therefore, 1 PSRR states that it has been negotiating an Licensing and Related Services—2008 Update, STB agreement with BNSF and expects to finalize the Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 1 Watco owns 100% of the issued and outstanding agreement in the very near future. According to 2008). stock of PSRR. PSRR, the agreement will not contain any provision

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