[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Page 45101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17446]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35159]


Baton Rouge Southern Railroad, LLC--Lease and Operation 
Exemption--The Kansas City Southern Railway Company

    Baton Rouge Southern Railroad, LLC (BRSR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire, by 
lease, and to operate approximately 8.2 miles of rail line of The 
Kansas City Southern Railway Company (KCS) in Louisiana.\1\ The lines 
to be leased and operated are: (1) KCS's UTL Lead located between the 
end of the turnout of switch near milepost 216.0 ``D-Line'' of the New 
Orleans Subdivision and extending west approximately 2 miles to the end 
of the UTL Lead; and (2) the tracks in KCS's New Yard and Dome Yard, 
approximately 6.2 miles.
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    \1\ BRSR states that it has been negotiating an agreement with 
KCS for several months and that all essential terms have been agreed 
to between the parties. The agreement is expected to be finalized 
soon.
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    According to BRSR, the lease agreement will contain a provision 
that prohibits BRSR from interchanging traffic with a third party at 
Baton Rouge, LA.
    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35169, Watco Companies, Inc.--
Continuance in Control Exemption--Baton Rouge Southern Railroad, LLC. 
In that proceeding, Watco Companies, Inc., has filed a verified notice 
of exemption to continue in control of BRSR upon BRSR's becoming a 
Class III rail carrier.
    BRSR certifies that its projected annual revenues as a result of 
the transaction will not result in BRSR becoming a Class II or Class I 
rail carrier. However, because its projected annual revenues will 
exceed $5 million, BRSR also certifies that it has complied with the 
notice requirements of 49 CFR 1150.32(e).
    The transaction is expected to be consummated on or shortly after 
August 19, 2008, 60 days after BRSR's certification of the notice 
requirements of section 1150.32(e).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    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 August 12, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35159, 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: July 25, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-17446 Filed 7-29-08; 8:45 am]
BILLING CODE 4915-01-P