80 FR 47557 - Regional Rail Holdings, LLC-Acquisition of Control Exemption-Regional Rail, LLC
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 152 (August 7, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 152 (August 7, 2015)
| Page Range | 47557-47557 | |
| FR Document | 2015-19492 |
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)] [Notices] [Page 47557] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19492] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35945] Regional Rail Holdings, LLC--Acquisition of Control Exemption-- Regional Rail, LLC Regional Rail Holdings, LLC (Regional Holdings), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Regional Rail, LLC (Regional Rail), a holding company for three Class III rail carriers, East Penn Railroad, LLC, Middletown & New Jersey Railroad, LLC, and Tyburn Railroad LLC. The transaction is expected to be consummated on or after August 22, 2015, the effective date of the exemption.\1\ --------------------------------------------------------------------------- \1\ In its verified notice, Regional Holdings requests expedited consideration to minimize potential disruption to its business as a result of the change in majority ownership due to its acquisition of Regional Rail. However, to permit the exemption to become effective before the scheduled 30-day consummation date, a party must file a separate petition for partial waiver of 49 CFR 1150.32(b), including its supporting rationale, which would be decided by the entire Board. See The Great Lake Port Corp. d/b/a Grand River Ry.--Acquis. & Operation Exemption--CSX Transp., Inc., FD 35888 (STB served Dec. 24, 2014). --------------------------------------------------------------------------- Applicants state that: (i) The railroads will not connect with each other or any railroad in their corporate family; (ii) the subject acquisition of control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (iii) 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). 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 sections 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 August 15, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings referring to Docket No. FD 35945, 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 Mary Anne Mason, Crowell & Moring LLP, 1001 Pennsylvania Ave. NW., Washington, DC 20004. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: August 4, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015-19492 Filed 8-6-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices 47557
Standard No. 114 Theft Protection: carriers, East Penn Railroad, LLC, Decided: August 4, 2015.
Reprogramming of the instrument Middletown & New Jersey Railroad, By the Board, Rachel D. Campbell,
cluster. A description of the LLC, and Tyburn Railroad LLC. Director, Office of Proceedings.
reprogramming will accompany the The transaction is expected to be Kenyatta Clay,
vehicle conformity package. consummated on or after August 22, Clearance Clerk.
Standard No. 225 Child Restraint 2015, the effective date of the [FR Doc. 2015–19492 Filed 8–6–15; 8:45 am]
Anchorage Systems: Installation of U.S.- exemption.1 BILLING CODE 4915–01–P
model child restraint anchorage system Applicants state that: (i) The railroads
components including lateral rear will not connect with each other or any
window plates and brackets for belt railroad in their corporate family; (ii) DEPARTMENT OF TRANSPORTATION
coupler with covers. the subject acquisition of control is not
Standard No. 301 Fuel System part of a series of anticipated Surface Transportation Board
Integrity: The inspected vehicle was transactions that would connect the
[Docket No. AB 1032X]
found to be equipped with conforming railroads with each other or any railroad
components, however each vehicle must in their corporate family; and (iii) the Nebraska, Kansas & Colorado Railway,
be inspected for the presence of U.S.- transaction does not involve a Class I L.L.C.—Abandonment Exemption—in
model multifunction valve and tank carrier. Therefore, the transaction is Decatur, Norton, and Phillips Counties,
ventilation valve. Vehicles without exempt from the prior approval Kan., and Harlan County, Neb.
these U.S.-model valves must have them requirements of 49 U.S.C. 11323. See 49
installed. CFR 1180.2(d)(2). Nebraska, Kansas & Colorado Railway,
Standard No. 401 Interior Trunk Under 49 U.S.C. 10502(g), the Board L.L.C. (NKCR) has filed a verified notice
Release: Installation of trunk release may not use its exemption authority to of exemption under 49 CFR pt. 1152
system components to ensure that the relieve a rail carrier of its statutory subpart F—Exempt Abandonments to
system, as modified, is identical to the obligation to protect the interests of its abandon 57.31 miles of rail line between
U.S.-model system. employees. Section 11326(c), however, (1) milepost 3.35 near Orleans, Neb.,
The petitioner additionally states that does not provide for labor protection for and milepost 29.84 at Almena, Kan.; (2)
a vehicle identification plate must be transactions under sections 11324 and milepost 47.23 at Reager, Kan., and
affixed to the vehicle near the left 11325 that involve only Class III rail milepost 78.05 at Oberlin, Kan.; and (3)
windshield pillar to meet the carriers. Because this transaction the Norton Spur in Norton, Kan.1 NKCR
requirements of 49 CFR part 565. involves Class III rail carriers only, the also seeks to discontinue overhead
All comments received before the Board, under the statute, may not trackage rights over a 17.7-mile line of
close of business on the closing date impose labor protective conditions for railroad owned by Kyle Railroad
indicated above will be considered, and this transaction. between milepost 29.6 at Almena and
will be available for examination in the If the verified notice contains false or milepost 47.3 at Oronoque Junction,
docket at the above addresses both misleading information, the exemption Kan. NKCR acquired the trackage rights
before and after that date. To the extent is void ab initio. Petitions to revoke the by assignment from Burlington Northern
possible, comments filed after the exemption under 49 U.S.C. 10502(d) Railroad Company. Neb., Kan. & Colo.
closing date will also be considered. may be filed at any time. The filing of Railnet—Acquis. & Operation
Notice of final action on the petition a petition to revoke will not Exemption—Lines of Burlington N. R.R.,
will be published in the Federal automatically stay the effectiveness of FD 33314, slip op. at 2 (STB served Dec.
Register pursuant to the authority the exemption. Petitions to stay must be 24, 1996). The lines traverse United
indicated below. filed no later than August 15, 2015 (at States Postal Service Zip Codes 68966,
least seven days before the exemption 67622, 67647, 67654, 67749 and 67653.
Authority: 49 U.S.C. 30141(a)(1)(A), NKCR has certified that: (1) No local
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
becomes effective).
An original and 10 copies of all traffic has moved over the lines for at
of authority at 49 CFR 1.95 and 501.8.
pleadings referring to Docket No. FD least two years; (2) any overhead traffic
Issued on: July 31, 2015. 35945, must be filed with the Surface could be rerouted over other lines; (3)
Coleman R. Sachs, Transportation Board, 395 E Street SW., no formal complaint filed by a user of
Acting Director, Office of Vehicle Safety Washington, DC 20423–0001. In rail service on the lines (or by a state or
Compliance. addition, a copy of each pleading must local government entity acting on behalf
[FR Doc. 2015–19470 Filed 8–6–15; 8:45 am] be served on Mary Anne Mason, of such user) regarding cessation of
BILLING CODE 4910–59–P Crowell & Moring LLP, 1001 service over the lines either is pending
Pennsylvania Ave. NW., Washington, with the Surface Transportation Board
DC 20004. (Board) or with any U.S. District Court
DEPARTMENT OF TRANSPORTATION Board decisions and notices are or has been decided in favor of
available on our Web site at complainant within the two-year period;
Surface Transportation Board WWW.STB.DOT.GOV. and (4) the requirements at 49 CFR
[Docket No. FD 35945]
1 In its verified notice, Regional Holdings requests 1 The notice was originally filed on June 12, 2015,
Regional Rail Holdings, LLC— expedited consideration to minimize potential and was supplemented on June 23 and 29, 2015. In
disruption to its business as a result of the change the June 29, 2015 supplement, NKCR certifies that
Acquisition of Control Exemption— in majority ownership due to its acquisition of an Environmental Report and a transmittal letter
Regional Rail, LLC Regional Rail. However, to permit the exemption to were mailed, on June 29, 2015, to the National
tkelley on DSK3SPTVN1PROD with NOTICES
become effective before the scheduled 30-day Geodetic Survey (NGS), as required by 49 CFR
Regional Rail Holdings, LLC (Regional consummation date, a party must file a separate 1105.7 and 1105. 11. Because those documents
Holdings), a noncarrier, has filed a petition for partial waiver of 49 CFR 1150.32(b), were required to be served on NGS at least 20 days
verified notice of exemption under 49 including its supporting rationale, which would be prior to filing the notice of exemption, see 49 CFR
decided by the entire Board. See The Great Lake 1105.7(b)(1), service and publication of this notice
CFR 1180.2(d)(2) to acquire control of Port Corp. d/b/a Grand River Ry.—Acquis. & has been delayed to account for the 20 days of
Regional Rail, LLC (Regional Rail), a Operation Exemption—CSX Transp., Inc., FD 35888 advanced notice that NGS should have received,
holding company for three Class III rail (STB served Dec. 24, 2014). and deadlines have been adjusted accordingly.
VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1](https://thefederalregister.org/doc/80_FR_47709/page/1.svg)
Document Created: 2015-12-15 10:56:29
Document Modified: 2015-12-15 10:56:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 47557 |
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