[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Pages 8744-8745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2773]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35118]


Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail 
Corp.--Continuance in Control Exemption--Sacramento Valley Railroad, 
Inc.

    Patriot Rail, LLC (PRL) and its subsidiaries, Patriot Rail Holdings 
LLC (PRH), and Patriot Rail Corp. (PRC) (collectively, Patriot), all 
noncarriers, jointly have filed a verified notice of exemption to 
continue in control of Sacramento Valley Railroad, Inc. (SAVR), upon 
SAVR's becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------

    \1\ PRL owns 51% of the equity interests in PRH. PRH owns 100% 
of the stock of PRC. By letter filed on February 6, 2008, Patriot 
clarifies that SAVR is directly controlled by PRC.
---------------------------------------------------------------------------

    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 35117, Sacramento Valley 
Railroad, Inc.--Operation Exemption--McClellan Business Park LLC. In 
that proceeding, SAVR seeks an exemption under 49 CFR 1150.31 to 
operate 7 miles of unmarked rail line owned by McClellan Business Park 
LLC, in Sacramento County, CA.
    The transaction is scheduled to be consummated on or after March 1, 
2008, and hence after the February 28, 2008 effective date of the 
exemption.
    Patriot currently controls three other Class III rail carriers: 
Tennessee Southern Railroad Company, Rarus Railroad Company, and Utah 
Central Railway Company.
    Patriot states that: (1) The rail lines to be operated by SAVR do 
not connect with any other railroads in the Patriot corporate family; 
(2) the continuance in control is not part of a series of anticipated 
transactions that would connect these rail lines with any other 
railroad in the Patriot corporate family; and (3) the transaction does 
not involve a Class I rail carrier. 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 section 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than February 21, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35118, must be filed with the Surface Transportation 
Board, 395 E

[[Page 8745]]

Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Louis E. Gitomer, Esq., 600 Baltimore Ave., 
Suite 301, Towson, MD 21204.
    Board decisions and notices are available on our Web site at: 
http://www.stb.dot.gov.

    Decided: February 7, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-2773 Filed 2-13-08; 8:45 am]
BILLING CODE 4915-01-P