[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Pages 41276-41277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17252]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35384]


US Rail Partners, Ltd. and Blackwell Northern Gateway Railroad 
Company--Continuance in Control Exemption--Eastern Berks Gateway 
Railroad Company

    US Rail Partners, Ltd. (USRP), a noncarrier holding company, and 
Blackwell Northern Gateway Railroad Company (BNGR), a Class III 
carrier, have filed a verified notice of exemption to continue in 
control of Eastern Berks Gateway Railroad Company (EBGR), upon EBGR's 
becoming a rail carrier.\1\
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    \1\ EBGR is wholly owned by BNGR and indirectly controlled by 
USRP.
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    USRP and BNGR state that the transaction is expected to be 
consummated on August 1, 2010. The earliest this transaction may be 
consummated is July 29, 2010, the effective date of the exemption (30 
days after the exemption was filed).
    Applicants state that EBGR intends to file a notice for a modified 
certificate of public convenience and necessity in STB Finance Docket 
No. 35383, Eastern Berks Gateway Railroad Company--

[[Page 41277]]

Modified Rail Certificate, wherein EBGR seeks to lease and operate 
approximately 8.6 miles of railroad, known as the Colebrookdale Line, 
from Berks County, Pa.
    USRP currently controls through stock ownership two Class III rail 
carriers: BNGR and the Eastern Washington Gateway Railroad Company 
(EWGR). BNGR operates approximately 35 miles of rail line between 
Wellington, Kan., and Blackwell, Okla. EWGR operates approximately 114 
miles of rail line in the State of Washington.
    USRP and BNGR state that: (i) The railroads will not connect with 
each other or any railroads within its corporate family, (ii) the 
transaction is not a part of a series of anticipated transactions that 
would connect any of these railroads with one another or any other 
railroad, and (iii) the transaction does not involve a Class I 
railroad. 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 sections 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 transaction. 
Petitions for stay must be filed no later than July 22, 2010 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35384, 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 William C. Sippel, 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: July 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-17252 Filed 7-14-10; 8:45 am]
BILLING CODE 4915-01-P