[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74228-74229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28717]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35201]


Eastern Washington Gateway Railroad Company--Change in Operator 
Exemption--Rail Line of Spokane County, WA

    Eastern Washington Gateway Railroad Company (EWG),\1\ a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to change operators from Western Rail Switching, Inc. (WRS) to 
EWG over approximately 5.9 miles of rail line (the Geiger Spur)

[[Page 74229]]

owned by the County of Spokane (County). As recently reconfigured, the 
line extends from milepost 2.5 at the east gate of Fairchild Air Force 
Base to milepost 4.93 at McFarlane and Hayford Roads near Airway 
Heights, WA, and from a connection with EWG at milepost 0.00 at Geiger 
Junction near Medical Lake, WA, to milepost 3.45 at a connection with 
the first segment (milepost 2.7 on the first segment).\2\ EWG will 
acquire all of WRS's interests in an existing operating agreement with 
the County and will replace WRS as the operator of the Geiger Spur.
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    \1\ EWG is a wholly owned subsidiary of US Rail Partners, Ltd., 
a noncarrier holding company which also controls the Blackwell 
Northern Gateway Railroad Company, a Class III carrier, in Oklahoma. 
See US Rail Partner, Ltd.--Continuance in Control Exemption--Eastern 
Washington Gateway Railroad Company, STB Finance Docket No. 35030 
(STB served May 25, 2007).
    \2\ EWG states that the western end of the Geiger Spur traverses 
Fairchild Air Force Base, and for security reasons the U.S. Air 
Force has required the County to remove rail operations from the 
base by September 30, 2009. The relocation involves construction of 
approximately 3.45 miles of track from new milepost 0.00 at Geiger 
Junction to new milepost 3.45 at a new switch connection with the 
existing Geiger Spur.
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    EWG certifies that its projected annual revenue as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier and further certifies that its projected annual revenues 
will not exceed $5 million.
    The transaction is expected to be consummated on or after December 
21, 2008, which is the earliest the transaction can be consummated (30 
days after the exemption was filed).
    If the 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 does not automatically stay the transaction. Petitions for stay 
must be filed no later than December 12, 2008 (at least 7 days before 
the exemption becomes effective).
    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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35201, 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 Thomas J. Litwiler, Fletcher & 
Sippel LLC, 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: November 26, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-28717 Filed 12-4-08; 8:45 am]
BILLING CODE 4915-01-P