80 FR 32200 - Lubbock and Western Railway, L.L.C.-Acquisition and Operation Exemption-West Texas and Lubbock Railway Company, Inc., and West Texas and Lubbock Railroad Company, Inc.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 108 (June 5, 2015)

[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Page 32200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13790]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35932]


Lubbock and Western Railway, L.L.C.--Acquisition and Operation 
Exemption--West Texas and Lubbock Railway Company, Inc., and West Texas 
and Lubbock Railroad Company, Inc.

    Lubbock and Western Railway, L.L.C. (LWR), a wholly owned 
noncarrier subsidiary of Watco Holdings, Inc., has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire and operate 
approximately 9.5 miles of rail line and to lease approximately 134.75 
miles of rail line from West Texas and Lubbock Railway Company, Inc., 
and West Texas and Lubbock Railroad Company, Inc. (WTLR). The lines 
being acquired and operated are located between: (1)(a) Mileposts 
330.10 and 331.10 at Plainview, Tex., and (b) mileposts 367.250 and 
368.250, at Dimmitt, Tex., on the Dimmit Sub; (2)(a) mileposts 0.0 and 
1.0 at Doud, Tex., and (b) mileposts 12.10 and 13.10 at Broadview, 
Tex., on the Broadview Sub; (3)(a) mileposts 6.0 and 8.5 at Doud, and 
(b) mileposts 62.90 and 63.90, at Seagraves, Tex., on the Seagraves 
Sub; and (4)(a) mileposts 4.70 and 5.70 at Whiteface Junction, and (b) 
mileposts 38.80 and 39.80 at Whiteface, Tex., on the Whiteface Sub. The 
lines being leased are located between: (1) Mileposts 331.10 and 367.25 
on the Dimmit Sub, (2) mileposts 1.0 and 12.10 on the Broadview Sub, 
(3) mileposts 8.50 and 62.90, on the Seagraves Sub, and (4) mileposts 
5.70 and 38.80, on the Whiteface Sub. In addition, LWR will also 
acquire by assignment approximately 5 miles of trackage rights that 
WTLR currently has over BNSF Railway Company's line between milepost 
88.6 at Canyon Jct., Tex., and milepost 83.6 at Broadview.
    This transaction is related to a concurrently filed verified notice 
of exemption in Watco Holdings, Inc.--Continuance in Control 
Exemption--Lubbock & Western Railway, Docket No. FD 35933, wherein 
Watco Holdings, Inc., seeks Board approval to continue in control of 
LWR, upon LWR's becoming a Class III rail carrier.
    The parties intend to consummate the transaction after the 
effective date of the verified notice of exemption.
    LWR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier. Because LWR's projected annual revenues will exceed $5 
million, LWR certified to the Board on May 19, 2015, that it had 
complied with the requirements of 49 CFR 1150.32(e) on May 18, 2015, by 
providing notice to employees of WTLR on the affected lines.\1\ Under 
49 CFR 1150.32(e), this exemption cannot become effective until 60 days 
after the date notice was provided, which would be July 18, 2015.
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    \1\ In its May 19 letter to the Board, LWR stated that there are 
no union employees at WTLR.
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    LWR states that the agreement with WTLR does not contain any 
provision that prohibits it from interchanging traffic with a third 
party or limits its ability to interchange with a third party.
    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 July 10, 2015 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35932, 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, 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: June 2, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-13790 Filed 6-4-15; 8:45 am]
 BILLING CODE 4915-01-P