[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45099-45100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17657]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35165]


Sierra & Central Pacific Railroad Company, Inc.--Acquisition and 
Operation Exemption--Sierra Northern Railway and Sierra Railroad 
Company

    Sierra & Central Pacific Railroad Company, Inc. (SCPRR), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Sierra Northern Railway (SNR) and Sierra 
Railroad Company (SRC) and to operate, pursuant to a Letter of Intent 
dated March 20, 2008,\1\ approximately 80.30 miles of track as follows: 
(1) SRC's rail line between Oakdale, CA, milepost 0.0, and Sonora, CA, 
milepost 49.0; (2) SNR's Woodland Branch, between milepost 1.75 and 
milepost 16.5, with the right of access through the Union Pacific 
Railroad Company's (UP) Westgate Yard; (3) SNR's industrial switching 
operation over approximately 4.50 miles at the Riverbank Arsenal over 
property leased from the U.S. Government through its agent NI 
Industries, Inc.; and (4) SNR's operation at the Port of Sacramento 
over track that is leased from the Port of Sacramento, with the right 
of access through UP's Westgate Yard.\2\ All of the lines are currently 
operated by SNR.
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    \1\ A redacted version of the Letter of Intent was included with 
the notice. The full version of the Letter of Intent was 
concurrently filed under seal along with a motion for protective 
order. The motion for protective order is being addressed in a 
separate decision.
    \2\ The 80.38 miles of track that SCPRR is acquiring include 
spur, side, and yard trackage in addition to the main lines being 
acquired.
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    This transaction is related to the concurrently filed verified 
notice of exemption in STB Finance Docket No. 35166, Patriot Rail, LLC, 
Patriot Rail Holdings LLC, and Patriot Rail Corp.--Continuance in 
Control Exemption--Sierra & Central Pacific Railroad Company, Inc. In 
that proceeding, Patriot Rail, LLC and its subsidiaries, Patriot Rail 
Holdings LLC and Patriot Rail Corp., jointly have filed a verified 
notice of exemption to continue in control of SCPRR, upon its becoming 
a rail carrier.
    The transaction is scheduled to be consummated on or after August 
15, 2008 (30 days after the notice of exemption was filed).
    SCPRR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million. According to SCPRR, 
the proposed acquisition and operation does not involve a provision or 
agreement that may limit future interchange with a third-party 
connecting carrier.
    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

[[Page 45100]]

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 to stay must be filed no later than August 8, 2008 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35165, 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 Louis F. Gitomer, Esq., 600 
Baltimore Avenue, Suite 301, Towson, MD 21204.
    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. E8-17657 Filed 7-31-08; 8:45 am]
BILLING CODE 4915-01-P