80_FR_42743 80 FR 42606 - Iowa Pacific Holdings, LLC and Permian Basin Railways-Continuance in Control Exemption-Piedmont Railway LLC

80 FR 42606 - Iowa Pacific Holdings, LLC and Permian Basin Railways-Continuance in Control Exemption-Piedmont Railway LLC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42606-42606
FR Document2015-17574

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015) 
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Page 42606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17574]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35937]


Iowa Pacific Holdings, LLC and Permian Basin Railways--
Continuance in Control Exemption--Piedmont Railway LLC

    Iowa Pacific Holdings, LLC (IPH), and its wholly owned subsidiary, 
Permian Basin Railways (PBR) (collectively, applicants) have jointly 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Piedmont Railway LLC (Piedmont), upon Piedmont's 
becoming a Class III rail carrier.\1\
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    \1\ Piedmont is a new, limited liability company and an indirect 
corporate subsidiary of IPH, which owns 100% of PBR, which in turn, 
will own 100% of Piedmont.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Piedmont Railway LLC--Lease & Operation Exemption--
North Carolina Department of Transportation, Docket No. FD 35936, 
wherein Piedmont seeks Board approval to lease and operate 
approximately 13 miles of rail line owned by the North Carolina 
Department of Transportation (NCDOT) in Gaston County, N.C. The line 
consists of two segments: (1) between milepost SFC 11.39 at Mt. Holly, 
N.C., and milepost SFC 23.0 at Gastonia, N.C.; and (2) the Belmont 
Branch, between milepost SFC 13.6/SFF 0.13 and milepost SFF 1.56, 
including all sidings, industrial tracks, yard, and storage tracks.
    The parties intend to consummate the proposed transaction on August 
1, 2015.
    Applicants currently control 13 Class III rail carriers, operating 
in 10 states. For a complete list of these rail carriers, and the 
states in which they operate, see applicants' notice of exemption filed 
on July 1, 2015. The notice is available on the Board's Web site at 
``WWW.STB.DOT.GOV.''
    Applicants certify that: (1) The rail lines to be operated by 
Piedmont do not connect with any other railroads operated by the 
carriers in the applicants' corporate family; (2) the continuance in 
control is not part of a series of anticipated transactions that would 
connect the rail lines to be operated by Piedmont with any other 
railroad in applicants' corporate family; and (3) the transaction does 
not involve a Class I rail carrier. 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 Sec. Sec.  
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 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. 
Stay petitions must be filed no later than July 24, 2015 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35937, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on John D. Heffner, Strasburger & Price, LLP, 
1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: July 13, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-17574 Filed 7-16-15; 8:45 am]
 BILLING CODE 4915-01-P

42606 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices exemption under 49 CFR 1150.31(a)(3) Board decisions and notices are applicants’ corporate family; (2) the to lease from the North Carolina available on our Web site at continuance in control is not part of a Department of Transportation (NCDOT), WWW.STB.DOT.GOV. series of anticipated transactions that and to operate, approximately 13 miles Decided: July 13, 2015. would connect the rail lines to be of rail line in Gaston County, N.C., By the Board, Joseph H. Dettmar, Acting operated by Piedmont with any other consisting of the following two Director, Office of Proceedings. railroad in applicants’ corporate family; segments: (1) Between milepost SFC Jeffrey Herzig, and (3) the transaction does not involve 11.39 at Mt. Holly, N.C., and milepost a Class I rail carrier. Therefore, the Clearance Clerk. SFC 23.0 at Gastonia, N.C.; and (2) the transaction is exempt from the prior [FR Doc. 2015–17573 Filed 7–16–15; 8:45 am] Belmont Branch, between milepost SFC approval requirements of 49 U.S.C. 13.6/SFF 0.13 and milepost SFF 1.56, BILLING CODE 4915–01–P 11323. See 49 CFR 1180.2(d)(2). including all sidings, industrial tracks, Under 49 U.S.C. 10502(g), the Board yard, and storage tracks, pursuant to a may not use its exemption authority to DEPARTMENT OF TRANSPORTATION lease and operating agreement dated relieve a rail carrier of its statutory May 13, 2015. Surface Transportation Board obligation to protect the interests of its This transaction is related to a employees. Section 11326(c), however, [Docket No. FD 35937] does not provide for labor protection for concurrently filed verified notice of exemption in Iowa Pacific Holdings, transactions under §§ 11324 and 11325 Iowa Pacific Holdings, LLC and that involve only Class III rail carriers. LLC and Permian Basin Railways— Permian Basin Railways—Continuance Continuance in Control Exemption— Accordingly, the Board may not impose in Control Exemption—Piedmont labor protective conditions here, Piedmont Railway LLC, Docket No. FD Railway LLC 35937, in which Iowa Pacific Holdings, because all of the carriers involved are LLC and Permian Basin Railways seek Iowa Pacific Holdings, LLC (IPH), and Class III carriers. Board approval to continue in control of its wholly owned subsidiary, Permian If the notice contains false or Piedmont under 49 CFR 1180.2(d)(2), Basin Railways (PBR) (collectively, misleading information, the exemption upon Piedmont’s becoming a Class III applicants) have jointly filed a verified is void ab initio. Petitions to revoke the rail carrier. notice of exemption pursuant to 49 CFR exemption under 49 U.S.C. 10502(d) 1180.2(d)(2) to continue in control of may be filed at any time. The filing of According to Piedmont, it will replace Piedmont Railway LLC (Piedmont), a petition to revoke will not the existing rail carrier, Piedmont and upon Piedmont’s becoming a Class III automatically stay the effectiveness of Northern Railway, LLC, a subsidiary of rail carrier.1 the exemption. Stay petitions must be Patriot Rail Company LLC., and will be This transaction is related to a filed no later than July 24, 2015 (at least the sole provider of common carrier rail concurrently filed verified notice of seven days before the exemption service on the 13-mile line pursuant to exemption in Piedmont Railway LLC— becomes effective). the ‘‘change in operators’’ provision of Lease & Operation Exemption—North An original and 10 copies of all section 1150.31(a)(3). Carolina Department of Transportation, pleadings, referring to Docket No. FD Piedmont certifies that the projected Docket No. FD 35936, wherein 35937, must be filed with the Surface annual revenues as a result of this Piedmont seeks Board approval to lease Transportation Board, 395 E Street SW., transaction will not result in Piedmont and operate approximately 13 miles of Washington, DC 20423–0001. In becoming a Class I or Class II rail carrier rail line owned by the North Carolina addition, one copy of each pleading and will not exceed $5 million. Department of Transportation (NCDOT) must be served on John D. Heffner, Piedmont states that there are no in Gaston County, N.C. The line consists Strasburger & Price, LLP, 1025 agreements applicable to the line of two segments: (1) between milepost Connecticut Ave. NW., Suite 717, imposing any interchange SFC 11.39 at Mt. Holly, N.C., and Washington, DC 20036. commitments. milepost SFC 23.0 at Gastonia, N.C.; and Board decisions and notices are Piedmont intends to consummate this (2) the Belmont Branch, between available on our Web site at transaction on or about August 1, 2015. milepost SFC 13.6/SFF 0.13 and ‘‘WWW.STB.DOT.GOV.’’ If the verified notice contains false or milepost SFF 1.56, including all sidings, Decided: July 13, 2015. misleading information, the exemption industrial tracks, yard, and storage By the Board, Joseph H. Dettmar, Acting is void ab initio. Petitions to revoke the tracks. Director, Office of Proceedings. exemption under 49 U.S.C. 10502(d) The parties intend to consummate the Jeffrey Herzig, may be filed at any time. The filing of proposed transaction on August 1, 2015. Clearance Clerk. a petition to revoke will not Applicants currently control 13 Class III rail carriers, operating in 10 states. [FR Doc. 2015–17574 Filed 7–16–15; 8:45 am] automatically stay the effectiveness of the exemption. Petitions to stay must be For a complete list of these rail carriers, BILLING CODE 4915–01–P filed by July 24, 2015 (at least seven and the states in which they operate, see days prior to the date the exemption applicants’ notice of exemption filed on becomes effective). July 1, 2015. The notice is available on DEPARTMENT OF THE TREASURY An original and 10 copies of all the Board’s Web site at ‘‘WWW.STB.DOT.GOV.’’ Notice of Geographic Targeting Order pleadings, referring to Docket No. FD 35936, must be filed with the Surface Applicants certify that: (1) The rail Financial Crimes Enforcement srobinson on DSK5SPTVN1PROD with NOTICES AGENCY: Transportation Board 395 E Street SW., lines to be operated by Piedmont do not Network, Treasury. Washington, DC 20423–0001. In connect with any other railroads ACTION: Notice. addition, a copy of each pleading must operated by the carriers in the be served on applicant’s representative, 1 Piedmont is a new, limited liability company SUMMARY: This document provides John D. Heffner, Strasburger & Price, and an indirect corporate subsidiary of IPH, which notice that, pursuant to 31 U.S.C. LLP, 1025 Connecticut Ave. NW., Suite owns 100% of PBR, which in turn, will own 100% 5326(a), the Director of the Financial 717, Washington, DC 20036. of Piedmont. Crimes Enforcement Network VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1


Document Created: 2018-02-23 09:20:58
Document Modified: 2018-02-23 09:20:58
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 42606 
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