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Federal Register/Vol. 72, No. 178/Friday, September 14, 2007

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Federal Register/Vol. 72, No. 178/Friday, September 14, 2007 52612 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Notices Issued in Cambridge, Massachusetts on Watco represents that: (1) The rail DEPARTMENT OF TRANSPORTATION August 7, 2007. lines to be operated by AWRR do not Nelson H. Keeler, connect with any other railroads in the Surface Transportation Board Director, Office of Aviation Programs. Watco corporate family; (2) the [STB Finance Docket No. 35072] [FR Doc. E7–18177 Filed 9–13–07; 8:45 am] continuance in control is not part of a BILLING CODE 4910–HY–P series of anticipated transactions that Austin Western Railroad, Inc.— would connect these rail lines with any Operation Exemption—Capital other railroad in the Watco corporate Metropolitan Transportation Authority DEPARTMENT OF TRANSPORTATION family; and (3) the transaction does not involve a Class I rail carrier. Therefore, Austin Western Railroad, Inc. Surface Transportation Board the transaction is exempt from the prior (AWRR), a noncarrier, has filed a verified notice of exemption under 49 [STB Finance Docket No. 35075] approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). CFR 1150.31 to operate, pursuant to an Watco Companies, Inc., and Watco Under 49 U.S.C. 10502(g), the Board agreement with Capital Metropolitan Transportation Services, Inc.— may not use its exemption authority to Transportation Authority (CMTA), Continuance in Control Exemption— relieve a rail carrier of its statutory CMTA’s approximately 164.83 miles of Austin Western Railroad, Inc. obligation to protect the interests of its railroad extending between (1) Milepost employees. Section 11326(c), however, 0.0 west of Giddings, TX, and milepost Watco Companies, Inc. (Watco does not provide for labor protection for 56.4 near Austin, TX; (2) milepost 56.4 Companies) and its wholly owned transactions under sections 11324 and near Austin, TX, and milepost 154.1 subsidiary, Watco Transportation 11325 that involve only Class III rail near Llano, TX; and (3) milepost 0.0 Services, Inc. (Watco Transportation) carriers. Accordingly, the Board may not near Fairland, TX, and milepost 6.5 near (collectively, Watco), both noncarriers, impose labor protective conditions here Marble Falls, TX, including the 3.3-mile jointly have filed a verified notice of because all of the carriers involved are Scobee Spur and the 0.93-mile Burnett exemption to continue in control of Class III carriers.3 Spur.1 The agreement also will allow Austin Western Railroad, Inc. (AWRR), If the notice contains false or Veolia Transportation Services, Inc. upon AWRR’s becoming a Class III rail misleading information, the exemption (Veolia) to provide commuter rail carrier.1 is void ab initio. Petitions to revoke the operations over a portion of the lines.2 This transaction is related to a exemption under 49 U.S.C. 10502(d) This transaction is related to a concurrently filed verified notice of may be filed at any time. The filing of concurrently filed verified notice of exemption in STB Finance Docket No. a petition to revoke will not exemption in STB Finance Docket No. 35072, Austin Western Railroad, Inc.— automatically stay the effectiveness of 35075, Watco Companies, Inc., and Operation Exemption—Capital the exemption. Stay petitions must be Watco Transportation Services, Inc.— Metropolitan Transportation Authority. filed no later than September 21, 2007 Continuance in Control Exemption— In that proceeding, AWRR seeks an (at least 7 days before the exemption Austin Western Railroad, Inc. In that exemption under 49 CFR 1150.31 to becomes effective). proceeding, Watco Companies, Inc. and operate 164.83 miles of rail line owned An original and 10 copies of all its wholly owned subsidiary, Watco by Capital Metropolitan Transportation pleadings, referring to STB Finance Transportation Services, Inc., jointly Authority between specified points in Docket No. 35075, must be filed with have filed a verified notice of exemption Texas. the Surface Transportation Board, 395 E to continue in control of AWRR upon its The parties intend to consummate the Street, SW., Washington, DC 20423– becoming a rail carrier. transaction on or shortly after October 1, 0001. In addition, one copy of each The transaction is expected to be 2007. pleading must be served on Karl Morell, consummated on October 1, 2007, after Watco currently controls 16 Class III Of Counsel, Ball Janik, LLP, Suite 225, the September 30, 2007 effective date of rail carriers: South Kansas and 1455 F Street, NW., Washington, DC the exemption. Oklahoma Railroad Company, Palouse 20005. AWRR certifies that its projected River & Coulee City Railroad, Inc., Board decisions and notices are annual revenues as a result of the Timber Rock Railroad, Inc., Stillwater available on our Web site at http:// transaction will not result in AWRR Central Railroad, Inc., Eastern Idaho www.stb.dot.gov. becoming a Class II or Class I rail Railroad, Inc., Kansas & Oklahoma carrier. However, because its projected Decided: September 6, 2007. Railroad, Inc., Pennsylvania annual revenues will exceed $5 million, Southwestern Railroad, Inc., Great By the Board, David M. Konschnik, AWRR also certifies that it has complied Director, Office of Proceedings. Northwest Railroad, Inc., Kaw River with the notice requirements of 49 CFR Railroad, Inc., Mission Mountain Vernon A. Williams, 1150.32(e).3 Railroad, Inc., Mississippi Southern Secretary. If the verified notice contains false or Railroad, Inc., Yellowstone Valley [FR Doc. E7–17978 Filed 9–13–07; 8:45 am] misleading information, the exemption Railroad, Inc., Louisiana Southern BILLING CODE 4915–01–P Railroad, Inc., Arkansas Southern 1 CMTA retains the residual common carrier Railroad, Inc., Alabama Southern (Michigan Central), once Michigan Central becomes obligation with respect to these lines. See Capital a Class III rail carrier. The effectiveness of the Metropolitan Transportation Authority— Railroad, Inc., and Vicksburg Southern Acquisition Exemption—City of Austin, TX, STB 2 exemption was delayed by decision served August Railroad, Inc. 8, 2007, to coincide with the effectiveness of any Finance Docket No. 33596 (STB served May 27, exemption that is granted by the Board in the 1998). 1 Watco owns 100% of the issued and outstanding related line acquisition proceeding in Michigan 2 Veolia will not be providing, and will not have stock of AWRR. Central Railway, LLC—Acquisition and Operation the ability to provide, common carrier freight 2 In Watco Companies, Inc., and Watco Exemption—Lines of Norfolk Southern Railway service to customers on the lines. Because the Board Transportation Services, Inc.—Continuance in Company, STB Finance Docket No. 35063, petition does not have licensing jurisdiction over the Control Exemption—Michigan Central Railway, filed on July 13, 2007. commuter operations to be provided by Veolia, it LLC, STB Finance Docket No. 35064, (STB served 3 Watco notes that it will consummate this is not seeking Board authority. July 27, 2007), Watco was authorized to continue transaction before it consummates the transaction 3 AWRR certified its compliance with the notice in control of Michigan Central Railway, LLC in STB Finance Docket No. 35064. requirements of 49 CFR 1150.32(e) on July 31, 2007. VerDate Aug<31>2005 15:44 Sep 13, 2007 Jkt 211001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\14SEN1.SGM 14SEN1 rmajette on PROD1PC64 with NOTICES.
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