80_FR_32308 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.

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)

Page Range32200-32200
FR Document2015-13790

Federal Register, Volume 80 Issue 108 (Friday, 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

32200 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices vehicles or certain regions in its Whiteface Sub. In addition, LWR will By the Board, Rachel D. Campbell, allocation of replacement parts, (4) also acquire by assignment Director, Office of Proceedings. whether, and how, NHTSA should order approximately 5 miles of trackage rights Brendetta S. Jones, a replacement schedule for replacement that WTLR currently has over BNSF Clearance Clerk. frontal inflators/air bags if Takata and/ Railway Company’s line between [FR Doc. 2015–13790 Filed 6–4–15; 8:45 am] or Manufacturers cannot provide milepost 88.6 at Canyon Jct., Tex., and BILLING CODE 4915–01–P assurances for the ongoing safety of the milepost 83.6 at Broadview. inflators, and (5) whether, and how, This transaction is related to a NHTSA should order additional concurrently filed verified notice of DEPARTMENT OF TRANSPORTATION authorized repair facilities, or any other exemption in Watco Holdings, Inc.— regulated entity, to aid Takata and/or Surface Transportation Board Continuance in Control Exemption— Manufacturers in timely completing Lubbock & Western Railway, Docket No. [Docket No. FD 35931] remedy programs. FD 35933, wherein Watco Holdings, Authority: 49 U.S.C. 30101, et seq., 30118– Inc., seeks Board approval to continue Watco Holdings, Inc.—Continuance in 30120, 30120(c)(3), 30166(b)(1), 30166(g)(1); in control of LWR, upon LWR’s Control Exemption—Texas New 49 CFR 573.6, 573.14; delegations of becoming a Class III rail carrier. Mexico Railway, L.L.C. authority at 49 CFR 1.95(a), 501.2(a)(1). The parties intend to consummate the Watco Holdings, Inc. (Watco), a Issued: June 1, 2015. transaction after the effective date of the noncarrier, has filed a verified notice of Mark R. Rosekind, verified notice of exemption. exemption pursuant to 49 CFR Administrator. LWR certifies that its projected annual 1180.2(d)(2) to continue in control of [FR Doc. 2015–13756 Filed 6–4–15; 8:45 am] revenues as a result of this transaction Texas New Mexico Railway, L.L.C. BILLING CODE 4910–59–P will not result in the creation of a Class (TNMR), upon TNMR’s becoming a II or Class I rail carrier. Because LWR’s Class III rail carrier. Watco owns, projected annual revenues will exceed indirectly, 100 percent of the issued and DEPARTMENT OF TRANSPORTATION $5 million, LWR certified to the Board outstanding stock of TNMR, a limited on May 19, 2015, that it had complied liability company. Surface Transportation Board This transaction is related to a with the requirements of 49 CFR [Docket No. FD 35932] 1150.32(e) on May 18, 2015, by concurrently filed verified notice of providing notice to employees of WTLR exemption in Texas New Mexico Lubbock and Western Railway, on the affected lines.1 Under 49 CFR Railway—Acquisition and Operation L.L.C.—Acquisition and Operation 1150.32(e), this exemption cannot Exemption—Austin & Northwestern Exemption—West Texas and Lubbock become effective until 60 days after the Railroad, Docket No. FD 35930, wherein Railway Company, Inc., and West date notice was provided, which would TNMR seeks Board approval to acquire Texas and Lubbock Railroad be July 18, 2015. and operate approximately 104.191 Company, Inc. miles of rail line owned by Austin & LWR states that the agreement with Northwestern Railway Company, Inc., Lubbock and Western Railway, L.L.C. WTLR does not contain any provision between milepost 0.079 at Monahans, (LWR), a wholly owned noncarrier that prohibits it from interchanging Tex., and milepost 104.27 at Lovington, subsidiary of Watco Holdings, Inc., has traffic with a third party or limits its NM. filed a verified notice of exemption ability to interchange with a third party. The transaction may be consummated under 49 CFR 1150.31 to acquire and If the verified notice contains false or on or after June 20, 2015, the effective operate approximately 9.5 miles of rail misleading information, the exemption date of the exemption (30 days after the line and to lease approximately 134.75 is void ab initio. Petitions to revoke the notice of exemption was filed). miles of rail line from West Texas and exemption under 49 U.S.C. 10502(d) Watco is a Kansas corporation that Lubbock Railway Company, Inc., and may be filed at any time. The filing of currently controls, indirectly, one Class West Texas and Lubbock Railroad a petition to revoke will not II rail carrier, and 30 Class III rail Company, Inc. (WTLR). The lines being automatically stay the effectiveness of carriers, collectively operating in 22 acquired and operated are located the exemption. Petitions to stay must be states. For a complete list of these rail between: (1)(a) Mileposts 330.10 and filed no later than July 10, 2015 (at least carriers, and the states in which they 331.10 at Plainview, Tex., and (b) 7 days before the exemption becomes operate, see Watco’s notice of mileposts 367.250 and 368.250, at effective). exemption filed on May 21, 2015. The Dimmitt, Tex., on the Dimmit Sub; (2)(a) notice is available on the Board’s Web An original and 10 copies of all mileposts 0.0 and 1.0 at Doud, Tex., and site at WWW.STB.DOT.GOV. pleadings, referring to Docket No. FD (b) mileposts 12.10 and 13.10 at Watco represents that: (1) The rail 35932, must be filed with the Surface Broadview, Tex., on the Broadview Sub; lines to be operated by TNMR do not Transportation Board, 395 E Street SW., (3)(a) mileposts 6.0 and 8.5 at Doud, and connect with any of the rail lines Washington, DC 20423–0001. In (b) mileposts 62.90 and 63.90, at operated by the carriers in the Watco addition, a copy of each pleading must Seagraves, Tex., on the Seagraves Sub; corporate family; (2) the transaction is be served on Karl Morell, 655 Fifteenth and (4)(a) mileposts 4.70 and 5.70 at not a part of a series of anticipated Street NW., Suite 225, Washington, DC Whiteface Junction, and (b) mileposts transactions that would result in such a asabaliauskas on DSK5VPTVN1PROD with NOTICES 20005. 38.80 and 39.80 at Whiteface, Tex., on connection; and (3) the transaction does the Whiteface Sub. The lines being Board decisions and notices are not involve a Class I carrier. Therefore, leased are located between: (1) available on our Web site at the transaction is exempt from the prior Mileposts 331.10 and 367.25 on the ‘‘www.stb.dot.gov.’’ approval requirements of 49 U.S.C. Dimmit Sub, (2) mileposts 1.0 and 12.10 Decided: June 2, 2015. 11323. See 49 CFR 1180.2(d)(2). on the Broadview Sub, (3) mileposts Watco states that the purpose of the 8.50 and 62.90, on the Seagraves Sub, 1 In its May 19 letter to the Board, LWR stated that transaction is to reduce overhead and (4) mileposts 5.70 and 38.80, on the there are no union employees at WTLR. expenses, coordinate billing, VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1


Document Created: 2015-12-15 15:20:31
Document Modified: 2015-12-15 15:20:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 32200 
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