[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27978]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35426]


Columbia & Cowlitz Railway, LLC--Acquisition and Operation 
Exemption--Columbia & Cowlitz Railway Company

    Columbia & Cowlitz Railway, LLC (CLC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from 
Columbia & Cowlitz Railway Company and to operate approximately 8.5 
miles of rail line between milepost 0.0 (Longview) and milepost 8.5 
(Ostrander Junction), including auxiliary and spur tracks, in Cowlitz 
County, Wash.\1\
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    \1\ CLC states that it intends to interchange traffic at Rocky 
Point, Wash., with BNSF Railway Company and Union Pacific Railroad 
Company, and at Ostrander Junction, with its affiliate, Patriot 
Woods Railroad, LLC.
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    This transaction is related to a transaction in which Patriot Rail, 
LLC and its subsidiaries entered into an asset purchase agreement on 
July 21, 2010, to acquire from Weyerhaeuser NR Company certain rail 
assets and the rail assets of five of its subsidiaries.
    This transaction is also related to six other transactions for 
which notices of exemption have been concurrently filed: Docket No. FD 
35425, Tennessee Southern Railroad Company, Patriot Rail, LLC, Patriot 
Rail Holdings LLC, and Patriot Rail Corp.--Continuance in Control 
Exemption--Columbia & Cowlitz Railway, LLC, Dequeen and Eastern 
Railroad, LLC, Golden Triangle Railroad, LLC, Mississippi & Skuna 
Valley Railroad, LLC, Patriot Woods Railroad, LLC, and Texas, Oklahoma 
& Eastern Railroad, LLC, in which Patriot Rail, LLC and its 
subsidiaries seek to continue in control of CLC in this proceeding and 
five other newly created noncarrier subsidiaries, upon the latter 
becoming Class III rail carriers in the following proceedings: (1) 
Docket No. FD 35427, DeQueen and Eastern Railroad, LLC--Acquisition and 
Operation Exemption--DeQueen and Eastern Railroad Company; (2) Docket 
No. FD 35428, Golden Triangle Railroad, LLC--Acquisition and Operation 
Exemption--Golden Triangle Railroad Company; (3) Docket No. FD 35429, 
Mississippi & Skuna Valley Railroad, LLC--Acquisition and Operation 
Exemption--Mississippi & Skuna Valley Railroad Company; (4) Docket No. 
FD 35430, Texas, Oklahoma & Eastern Railroad, LLC--Acquisition and 
Operation Exemption--Texas, Oklahoma & Eastern Railroad Company; and 
(5) Docket No. FD 35431, Patriot Woods Railroad, LLC--Acquisition and 
Operation Exemption--Weyerhaeuser NR Company, Weyerhaeuser Woods 
Railroad Operating Division.
    The parties intend to consummate the transaction on or after 
December 21, 2010.
    CLC certified that its projected annual revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier.
    Because CLC's projected annual revenues will exceed $5 million, CLC 
certified to the Board on October 20, 2010, that it had complied on 
October 20, 2010, with the requirements of 49 CFR 1150.32(e) providing 
for notice to employees and their labor unions on the affected line. 
Under 49 CFR 1150.32(e), this exemption cannot become effective until 
60 days after the date notice was provided.
    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 December 10, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35426 must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy must be 
served on Louis E. Gitomer, 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: November 1, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-27978 Filed 11-4-10; 8:45 am]
BILLING CODE 4915-01-P