[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Notices]
[Page 30663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10628]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35030]


US Rail Partners, Ltd.--Continuance in Control Exemption--Eastern 
Washington Gateway Railroad Company

    US Rail Partners, Ltd. (USRP), a noncarrier holding company, has 
filed a verified notice of exemption to continue in control of Eastern 
Washington Gateway Railroad Company (EWGR), upon EWGR's becoming a 
Class III rail carrier.
    The earliest this transaction may be consummated is the June 15, 
2007 effective date of the exemption (30 days after the exemption was 
filed).\1\
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    \1\ On May 18, 2007, USRP and EWGR filed a joint petition 
requesting that the Board partially revoke the class exemptions as 
necessary to allow the exemptions in this proceeding and in STB 
Finance Docket No. 35029 to become effective on June 4, 2007, 
instead of on June 15, 2007. That request will be addressed in a 
separate Board decision.
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    This transaction is related to STB Finance Docket No. 35029, 
Eastern Washington Gateway Railroad Company--Lease and Operation 
Exemption--Washington State Department of Transportation, wherein EWGR 
seeks to lease and operate approximately 107.8 miles of railroad, known 
as the CW Branch, that are in the process of being acquired by the 
Washington State Department of Transportation from Palouse River and 
Coulee City Railroad, Inc.
    USRP currently controls through stock ownership one Class III rail 
carrier, Blackwell Northern Gateway Railroad Company (BNGR). BNGR 
operates approximately 35 miles of rail line between Wellington, KS, 
and Blackwell, OK.
    USRP states that: (i) The railroads will not connect with each 
other or any railroads within its corporate family, (ii) the 
transaction is not a part of a series of anticipated transactions that 
would connect any of these railroads with one another or any other 
railroad, and (iii) the transaction does not involve a Class I 
railroad. 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 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 automatically stay the transaction. 
Petitions for stay must be filed no later than June 8, 2007, unless the 
Board grants the joint petition of EWGR and USRP to make their 
exemptions effective sooner, in which case the due date for stays will 
be established in the Board's decision acting on the joint petition.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35030, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on William C. Sippel, 29 North 
Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 24, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-10628 Filed 5-31-07; 8:45 am]
BILLING CODE 4915-01-P