60 day Fed. Reg. notice - Released Rates

47918

Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices

notifies prospective purchasers about
the exemption and its subject. Under
§ 555.9(c), this information must also be
included on the vehicle’s certification
label.5
In consideration of the foregoing, we
conclude that granting the requested
exemption from FMVSS No. 126,
Electronic Stability Control Systems,
would facilitate the field evaluation or
development of a low-emission vehicle,
and would not unreasonably lower the
safety or impact protection level of that
vehicle. We further conclude that
granting this exemption would be in the
public interest and consistent with the
objectives of the Safety Act.
In accordance with 49 U.S.C.
30113(b)(3)(B)(iii), Wheego is granted
NHTSA Temporary Exemption No. EX
12–01 from FMVSS No. 126. The
exemption is for a total of no more than
165 LiFe model vehicles and shall be
effective from the date on which notice
of this decision is published in the
Federal Register until December 31,
2012, as indicated in the DATES section
of this document.
Authority: 49 U.S.C. 30113; delegations of
authority at 49 CFR 1.50. and 501.8.
Issued on: August 2, 2012.
Ronald L. Medford,
Deputy Administrator.
[FR Doc. 2012–19720 Filed 8–9–12; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 314 (Sub-No. 5X)]

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Chicago Central and Pacific Railroad
Company—Abandonment Exemption—
in Cook County, IL
Chicago Central and Pacific Railroad
Company (CCP) has filed a verified
notice of exemption under 49 CFR part
1152 subpart F—Exempt Abandonments
to abandon a 1.59-mile line of railroad
between milepost 11.88 and milepost
13.47, in North Riverside, Cook County,
Ill. The line traverses United States
Postal Service Zip Codes 60546 and
60130.
CCP has certified that: (1) No local
traffic has moved over the line for the
past two years; (2) there is no overhead
traffic on the line to be rerouted over
other lines; (3) no formal complaint
filed by a user of rail service on the line
(or by a state or local government entity
acting on behalf of such user) regarding
5 Wheego’s label is required to list both its
exemption from FMVSS No. 126 and its exemption
from the advanced air bag requirements of FMVSS
No. 208.

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cessation of service over the line either
is pending with the Surface
Transportation Board (Board) or with
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on
September 11, 2012, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues,1 formal expressions of intent to
file an OFA under 49 CFR
1152.27(c)(2),2 and trail use/rail banking
requests under 49 CFR 1152.29 must be
filed by August 20, 2012. Petitions to
reopen or requests for public use
conditions under 49 CFR 1152.28 3 must
be filed by August 30, 2012, with the
Surface Transportation Board, 395 E
Street SW., Washington, DC 20423–
0001.
A copy of any petition filed with the
Board should be sent to CCP’s
representative: Thomas J. Healey, 17641
S. Ashland Avenue, Homewood, IL
60430–1345.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
CCP has filed a combined
environmental and historic report that
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
3 CCP states that it is not the owner of the
underlying right-of-way (ROW) and it believes that
the ROW would not be of interest to the state or
any other entity as a highway or mass
transportation line or other similar public use
because the ROW is located in a highly developed
urban area with a mature roadway system.

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addresses the effects, if any, of the
abandonment on the environment and
historic resources. OEA will issue an
environmental assessment (EA) by
August 17, 2012. Interested persons may
obtain a copy of the EA by writing to
OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA at (202)
245–0305. Assistance for the hearing
impaired is available through the
Federal Information Relay Service at 1–
800–877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), CCP shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
CCP’s filing of a notice of
consummation by August 10, 2013, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: August 7, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012–19642 Filed 8–9–12; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Information Collection Activities
(Released Rates)
AGENCY:

Surface Transportation Board,

DOT.
Notice and Request for
Comments.

ACTION:

As required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3519 (PRA), the Surface Transportation
Board (STB or Board) gives notice of its
intent to seek from the Office of
Management and Budget (OMB)
approval of the information collections
(here third-party disclosures) required
under the Board’s decision in Released
Rates of Motor Common Carriers of
Household Goods, Docket No. RR 999
(Amendment No. 5) (served Jan. 21,
2011 (2011 Decision) and Jan.10, 2012

SUMMARY:

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Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices
(2012 Decision) and modified on May
15, 2012). Under 49 U.S.C. 13501,
13531, and 14706(f)(2), the Board is
charged with oversight of certain motor
carrier tariffs (the published rates that
interstate movers of household goods
charge for the services they offer). More
specifically, the Interstate Commerce
Act requires that such a mover offer
what are known as ‘‘full-value’’ rates,
which are rates under which the mover
will be liable for the full value of any
lost or damaged cargo. Full-value has
been defined by statute to mean the
‘‘replacement value’’ of the goods (the
cost to the consumer to replace the
items lost or damaged (49 CFR
375.201)). Additionally, the Board and
its predecessor agency, the Interstate
Commerce Commission, have
authorized moving companies to offer
consumers a lower, ‘‘released’’ rate
under which the carrier is released from
full liability for lost or damaged cargo
and assumes less than the statutory
level of cargo liability for an interstate
move.
In its 2011 Decision and notice (76 FR
5,431), the Board issued preliminary
regulations implementing a
Congressional directive to enhance
consumer protection in the case of loss
or damage that occurs during interstate
household-good moves. See Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), § 4215, Public
Law 109–59, 119 Stat. 1144, 1760
(2005). The 2011 Decision required
movers to provide certain information
concerning the two available cargoliability options on the written estimate
form—the first form that a moving
company must give to a customer. In
response to comments, the 2012
Decision modified the disclosure
requirements proposed in the 2011
Decision (See 77 FR 15187–01).
Subsequently, in response to further
public comments, the Board issued a
March 9, 2012 decision and notice
postponing the effective date of the new
requirements until May 15 (See 77 FR
15187–01). These disclosure
requirements, which fall within the
definition of information collections
under the PRA (see 44 U.S.C. 3502(3)
and 5 CFR 1320.3(c)), are described in
more detail below and appear in full in
the appendices to this notice.
Comments are requested concerning:
(1) The accuracy of the Board’s burden
estimates; (2) ways to enhance the
quality, utility, and clarity of the
information collected; (3) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of

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information technology when
appropriate; and (4) whether the
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility. Submitted comments will be
summarized and included in the
Board’s request for OMB approval.
Description of Collections
Title: Disclosure of released rates.
OMB Control Number: 2140–NEW.
STB Form Number: None.
Type of Review: Existing collections
in use without an OMB control number.
Respondents: Household goods
movers that desire to offer a rate
limiting their liability on interstate
moves to anything less than
replacement value of the goods.
Number of Respondents: 4,500
(approximate number of motor carriers
and freight forwarders involved in
authorized for-hire household goods
carriage in the United States according
to AMSA (American Moving and
Storage Association).
Frequency: One time. (Movers need
only modify the standard documents
that they already distribute.)
Total Burden Hours (annually
including all respondents): We estimate
that 15 of the approximately 4,500
household goods movers are large firms
that print their own forms and that it
will take each of these large firms no
more than 24 hours to produce the
modified forms, resulting in a total startup burden of 360 hours (24 × 15).
Annualized over the three years covered
by OMB’s approval, this results in an
annual burden of 120 hours. The
household goods carrier already knows
its released rate. It is merely adding that
rate to a document that it already
distributes to the customer.
Total ‘‘Non-hour Burden’’ Cost: There
will be a startup cost to the remaining
approximately 4485 movers/freight
forwarders that are small companies
that will use the services of a
professional printer to replace their
existing stock of outdated forms
(estimated at 500 copies). This cost is
expected to be $460 per mover, based on
information supplied by the American
Moving & Storage Association.
Therefore, the total non-hour burden
cost is estimated at a one-time expense
of $2,063,100. Annualized over the
three years covered by OMB’s approval,
this results in an annual burden of
$687,700.
Needs and Uses: Moving companies
must inform consumers of their rights
and obtain a signed waiver if the
consumer elects anything other than
full-value protection. See Released

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47919

Rates of Motor Common Carriers of
Household Goods, RR 999 (Amendment
No. 4) (STB served June 13, 2007).
Previously, consumers were sometimes
confused and did not realize that they
had waived full value protection until
after they had experienced damage to or
loss of their goods. The information
collection that is the subject of this
notice is intended to correct this
problem by providing early notice
regarding the two liability options (fullvalue protection and the lower releasedrate protection), as well as adequate
time and information to help consumers
decide which option to choose.
DATES: Comments on this information
collection should be submitted by
October 9, 2012.
ADDRESSES: Direct all comments to
Marilyn Levitt, Surface Transportation
Board, 395 E Street SW., Washington,
DC 20423–0001, or to levittm@stb.dot.
gov. When submitting comments, please
refer to ‘‘Paperwork Reduction Act
Comments, Motor Carrier Released
Rates.’’
FOR FURTHER INFORMATION CONTACT:

Marilyn Levitt at (202) 245–0269 or at
levittm@stb.dot.gov. [Assistance for the
hearing impaired is available through
the Federal Information Relay Service
(FIRS) at 1–800–877–8339.]
SUPPLEMENTARY INFORMATION: Under the
PRA, a Federal agency conducting or
sponsoring a collection of information
must display a currently valid OMB
control number. A collection of
information, which is defined in 44
U.S.C. 3502(3) and 5 C.F.R. 1320.3(c),
includes agency requirements that
persons submit reports, keep records, or
provide information to the agency, third
parties, or the public. Under
§ 3506(c)(2)(A) of the PRA, Federal
agencies are required to provide, prior
to an agency’s submitting a collection to
OMB for approval, a 60-day notice and
comment period through publication in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information.
Dated: August 6, 2012.
Jeffrey Herzig,
Clearance Clerk.

Appendix 1
Notice Required on Estimate Form/Computer
Screen
The following notice shall be placed in a
prominent place, in at least 12-point type, on
a moving company’s required written
estimate (if printed). If the estimate is
provided electronically, this statement must
be of a size that, when printed on 8 by 12
inch paper, equates to 12-point type.

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47920

Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices

WARNING: If a moving company loses or
damages your goods, there are 2 different
standards for the company’s liability based
on the types of rates you pay. BY FEDERAL
LAW, THIS FORM MUST CONTAIN A
FILLED-IN ESTIMATE OF THE COST OF A
MOVE FOR WHICH THE MOVING
COMPANY IS LIABLE FOR THE FULL
(REPLACEMENT) VALUE OF YOUR GOODS
in the event of loss of, or damage to, the
goods. This form may also contain an
estimate of the cost of a move in which the
moving company is liable for FAR LESS than
the replacement value of your goods,
typically at a lower cost to you. You will
select the liability level later, on the bill of
lading (contract) for your move. Before
selecting a liability level, please read ‘‘Your
Rights and Responsibilities When You
Move,’’ provided by the moving company,
and seek further information at the
government Web site www.protectyourmove.
gov.

Appendix 2
Valution Statement Required on Bill of
Lading
The following notice shall be placed in a
prominent place, in at least 10-point type, on
a moving company’s required bill of lading
(if printed). If the bill of lading is provided
electronically, this statement must be of a
size that, when printed on 8 by 12 inch
paper, equates to 10-point type.
REQUIRED VALUATION CLAUSE AND
ESTIMATE OF COST OF SHIPMENT AT
FULL-VALUE PROTECTION
THE CONSUMER MUST SELECT ONE OF
THESE OPTIONS FOR THE CARRIER’S
LIABILITY FOR LOSS OR DAMAGE TO
YOUR HOUSEHOLD GOODS
CUSTOMER’S DECLARATION OF VALUE
THIS IS A STATEMENT OF THE LEVEL OF
CARRIER LIABILITY—IT IS NOT
INSURANCE
Option 1:
The Cost Estimate that you receive from
your mover MUST INCLUDE Full
(Replacement) Value Protection for the
articles that are included in your shipment.
If you wish to waive the Full (Replacement)

Value level of protection, you must complete
the WAIVER of Full (Replacement) Value
Protection shown below.
Full (Replacement) Value Protection is the
most comprehensive plan available for
protection of your goods. If any article is lost,
destroyed, or damaged while in your mover’s
custody, your mover will, at its option,
either: 1) repair the article to the extent
necessary to restore it to the same condition
as when it was received by your mover, or
pay you for the cost of such repairs; or 2)
replace the article with an article of like kind
and quality, or pay you for the cost of such
a replacement. Under Full (Replacement)
Value Protection, if you do not declare a
higher replacement value on this form prior
to the time of shipment, the value of your
goods will be deemed to be equal to $6.00
multiplied by the weight (in pounds) of the
shipment, subject to a minimum valuation
for the shipment of $6,000. Under this
option, the cost of your move will be
composed of a base rate plus an added cost
reflecting the cost of providing this full value
cargo liability protection for your shipment.
If you wish to declare a higher value for
your shipment than these default amounts,
you must indicate that value here. Declaring
a higher value may increase the valuation
charge in your cost estimate.
The Total Value of my shipment is:
llll (to be provided by customer)
Dollar Estimate of the cost of your move at
Full (Replacement) Value Protection:
llllllllllll (to be provided by
carrier)
I acknowledge that for my shipment I have:
1) ACCEPTED the Full (Replacement) Level
of protection included in this estimate of
charges and declared a higher Total Value of
my shipment (if appropriate); and 2) received
a copy of the ‘‘Your Rights and
Responsibilities When You Move’’ brochure
explaining these provisions.
X llllllllllll llll
Customer’s signature
Date
—OR—
Option 2:
WAIVER of Full (Replacement) Value
Protection. This lower level of protection is
provided at no additional cost beyond the
base rate; however, it provides only minimal
protection that is considerably less than the

Amount of Deductible and (Estimate of Total Cost Move)
$0
$XXX
$XXX
$XXX

Deductible (llll)
Deductible (llll)
Deductible (llll)
Deductible (llll)

...................................................................
...................................................................
...................................................................
...................................................................

And so on.

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Declaration of Article(s) of Extraordinary
(Unusual) Value
I acknowledge that I have prepared and
retained a copy of the ‘‘Inventory of Items
Valued in Excess of $100 Per Pound per
Article’’ that are included in my shipment
and that I have given a copy of this inventory
to the mover’s representative. I also
acknowledge that the mover’s liability for
loss of or damage to any article valued in
excess of $100 per pound will be limited to

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Appendix 3
(Optional language that carriers may
choose to include in the Required Valuation
Clause printed in Appendix 2)
Deductibles
You may also select one of the following
deductible amounts under the Full
(Replacement) Value level of liability that
will apply for your shipment. (If you do not
make a selection, the ‘‘No Deductible’’ level
of full value protection that is included in
your cost estimate will apply):
[List here all deductibles offered, with a
space to fill in the estimate of cost of a full
value move at that deductible filled in]

Customer to write initials beside selected of deductible
llll(Customer writes in initials to Select a deductible)
llll
llll
llll

$100 per pound for each pound of such lost
or damaged article(s) (based on actual article
weight), not to exceed the declared value of
the entire shipment, unless I have
specifically identified such articles for which
a claim for loss or damage may be made, on
the attached inventory.
Xllllllllllll
Customer’s signature
llll
Date

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average value of household goods. Under this
option, a claim for any article that may be
lost, destroyed, or damaged while in your
mover’s custody will be settled based on the
weight of the individual article multiplied by
60 cents. For example, the settlement for an
audio component valued at $1,000 that
weighs 10 pounds would be $6.00 (10
pounds times 60 cents).
Dollar Estimate of the cost of your move
under the 60-cents option: llll.
COMPLETE THIS PART ONLY if you wish
to WAIVE The Full (Replacement) Level of
Protection included in the higher cost
estimate provided [above] [on the prior page]
for your shipment and instead select the
LOWER Released Value of 60-cents-perpound Per Article; to do so you must initial
and sign on the lines below.
I wish to Release My Shipment to a
Maximum Value of 60-cents-per-pound per
Article.
llll
(Initials)
I acknowledge that for my shipment I have:
1) WAIVED the Full (Replacement) Level of
protection, for which I have received an
estimate of charges, and 2) received a copy
of the ‘‘Your Rights and Responsibilities
When You Move’’ brochure explaining these
provisions.
Xllllllllllll
Customer’s signature
llll
Date

Sfmt 4703

Appendix 4
The following notice shall be placed on the
bill of lading for household goods shipments
involving a motor carrier segment and an
ocean segment.
The provisions of the Carriage of Goods by
the Sea Act and/or of 49 U.S.C. 14706(f)(2)
(a provision in the Interstate Commerce Act)
permit us to offer ‘‘released’’ rates (reduced
rates under which you will not be fully
reimbursed if your shipment is lost,
damaged, or destroyed), but they also require

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Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices
that we offer rates that will better protect a
consumer in the event of loss or damage to
a shipment. Under the rates offered here,
your reimbursement in the event of loss will
be limited to llllllll.
We also offer higher levels of protection (at
higher rates). Signing this document below
indicates that you agree to pay and be bound
by the terms of the released, limited-recovery
rates.
Xllllllllllll
Customer’s signature
llll
Date
[FR Doc. 2012–19596 Filed 8–9–12; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35637]

mstockstill on DSK4VPTVN1PROD with NOTICES

Watco Holdings, Inc.—Continuance in
Control Exemption—Pecos Valley
Permian Railroad, L.L.C. d/b/a Pecos
Valley Southern Railway Company
Watco Holdings, Inc. (Watco), a
noncarrier, has filed a verified notice of
exemption pursuant to 49 CFR
1180.2(d)(2) to continue in control of
Pecos Valley Permian Railroad, L.L.C. d/
b/a Pecos Valley Southern Railway
Company (PVR), upon PVR’s becoming
a Class III rail carrier. Watco owns,
indirectly, 100 percent of the issued and
outstanding stock of PVR, a Texas
limited liability company.
This transaction is related to a
concurrently filed verified notice of
exemption in Pecos Valley Permian
Railroad, L.L.C. d/b/a Pecos Valley
Southern Railway—Lease Exemption—
Pecos Valley Southern Railway, Docket
No. FD 35636, wherein PVR seeks Board
approval to lease and operate
approximately 24 miles of rail line
owned by Pecos Valley Southern
Railway Company between Pecos, Tex.,
and a point north of Saragosa, Tex.
The transaction may be consummated
on or after August 26, 2012, the effective
date of the exemption (30 days after the
notice of exemption was filed).
Watco is a Kansas corporation that
currently controls, indirectly, one Class
II rail carrier, operating in two states,
and 25 Class III rail carriers, operating
in 21 states.1 For a complete list of these
rail carriers, and the states in which
they operate, see Watco’s notice of
exemption filed on July 27, 2012. The
1 Watco

notes that it has filed for Board approval
to continue in control of San Antonio Central
Railroad (SAC) upon SAC’s becoming a Class III
railroad by leasing and operating a four-mile line
of railroad in San Antonio, Tex. See Watco
Holdings, Inc. —Continuance in Control
Exemption—San Antonio Cent. R.R., FD 35604
(STB served June 15, 2012).

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notice is available on the Board’s Web
site at ‘‘WWW.STB.DOT.GOV.’’
Watco represents that: (1) The rail
lines to be operated by PVR do not
connect with any of the rail lines
operated by the carriers in the Watco
corporate family; (2) the continuance in
control is not a part of a series of
anticipated transactions that would
result in such a connection; and (3) the
transaction does not involve a Class I
carrier. Therefore, the transaction is
exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2).
Watco states that the purpose of the
transaction is to reduce overhead
expenses, coordinate billing,
maintenance, mechanical, and
personnel policies and practices of its
rail carrier subsidiaries and thereby
improve the overall efficiency of rail
service provided by the railroads in the
Watco corporate family.
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. Because the transaction
involves the control of one Class II and
one or more Class III rail carriers, the
transaction is subject to the labor
protection requirements of 49 U.S.C.
11326(b) and Wisconsin Central Ltd.—
Acquisition Exemption—Lines of Union
Pacific Railroad, 2 S.T.B. 218 (1997).
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 by August 17, 2012 (at least
seven days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35637, 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, Ball Janik
LLP, 655 Fifteenth Street NW., Suite
225, Washington, DC 20005.
Board decisions and notices are
available on our Web site at www.stb.
dot.gov.
Decided: August 6, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–19651 Filed 8–9–12; 8:45 am]
BILLING CODE 4915–01–P

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47921

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35636]

Pecos Valley Permian Railroad, L.L.C.
d/b/a Pecos Valley Southern Railway
Company—Lease Exemption—Pecos
Valley Southern Railway Company
Pecos Valley Permian Railroad, L.L.C.
d/b/a Pecos Valley Southern Railway
Company (PVR), a noncarrier, has filed
a verified notice of exemption pursuant
to 49 CFR 1150.31 to lease from the
Pecos Valley Southern Railway
Company (PVS) and operate 24 miles of
rail line located between milepost 0.0 at
Pecos, Tex., and milepost 24.0, north of
Saragosa, Tex.
This transaction is related to a
concurrently filed verified notice of
exemption in Wacto Holdings, Inc.—
Continuance in Control Exemption—
Pecos Valley Permian Railroad, L.L.C. d/
b/a Pecos Valley Southern Railway,
Docket No. FD 35637, wherein Watco
Holdings, Inc., seeks Board approval to
continue in control of PVR upon PVR’s
becoming a Class III rail carrier.
As a result of this transaction, PVR
will provide common carrier rail service
over the rail lines owned by PVS
between Pecos and Saragosa. PVR states
that the lease agreement between PVS
and PVR will not contain any
interchange commitments.
PVR certifies that its projected annual
revenues as a result of this transaction
will not result in PVR’s becoming 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 August 26,
2012, the effective date of the exemption
(30 days after the notice of exemption
was filed).
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 by August 17, 2012 (at least
seven days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35636, 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, Ball Janik
LLP, 655 Fifteenth Street NW., Suite
225, Washington, DC 20005.

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