[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52612-52613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17980]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35072]


Austin Western Railroad, Inc.--Operation Exemption--Capital 
Metropolitan Transportation Authority

    Austin Western Railroad, Inc. (AWRR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate, pursuant 
to an agreement with Capital Metropolitan Transportation Authority 
(CMTA), CMTA's approximately 164.83 miles of railroad extending between 
(1) Milepost 0.0 west of Giddings, TX, and milepost 56.4 near Austin, 
TX; (2) milepost 56.4 near Austin, TX, and milepost 154.1 near Llano, 
TX; and (3) milepost 0.0 near Fairland, TX, and milepost 6.5 near 
Marble Falls, TX, including the 3.3-mile Scobee Spur and the 0.93-mile 
Burnett Spur.\1\ The agreement also will allow Veolia Transportation 
Services, Inc. (Veolia) to provide commuter rail operations over a 
portion of the lines.\2\
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    \1\ CMTA retains the residual common carrier obligation with 
respect to these lines. See Capital Metropolitan Transportation 
Authority--Acquisition Exemption--City of Austin, TX, STB Finance 
Docket No. 33596 (STB served May 27, 1998).
    \2\ Veolia will not be providing, and will not have the ability 
to provide, common carrier freight service to customers on the 
lines. Because the Board does not have licensing jurisdiction over 
the commuter operations to be provided by Veolia, it is not seeking 
Board authority.
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    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35075, Watco Companies, Inc., 
and Watco Transportation Services, Inc.--Continuance in Control 
Exemption--Austin Western Railroad, Inc. In that proceeding, Watco 
Companies, Inc. and its wholly owned subsidiary, Watco Transportation 
Services, Inc., jointly have filed a verified notice of exemption to 
continue in control of AWRR upon its becoming a rail carrier.
    The transaction is expected to be consummated on October 1, 2007, 
after the September 30, 2007 effective date of the exemption.
    AWRR certifies that its projected annual revenues as a result of 
the transaction will not result in AWRR becoming a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, AWRR also certifies that it has complied with the 
notice requirements of 49 CFR 1150.32(e).\3\
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    \3\ AWRR certified its compliance with the notice requirements 
of 49 CFR 1150.32(e) on July 31, 2007.
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    If the verified notice contains false or misleading information, 
the exemption

[[Page 52613]]

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 effectiveness of the exemption. Stay 
petitions must be filed by September 21, 2007 (at least 7 days before 
the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35072, 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 Karl Morell, Of Counsel, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 6, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-17980 Filed 9-13-07; 8:45 am]
BILLING CODE 4915-01-P