80 FR 68899 - SteelRiver Infrastructure Fund North America LP; SteelRiver Devco Holdings LLC; and SR Transportation Holdings LLC-Continuance in Control Exemption-West Belt Railway LLC
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 215 (November 6, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 215 (November 6, 2015)
| Page Range | 68899-68900 | |
| FR Document | 2015-28335 |
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)] [Notices] [Pages 68899-68900] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28335] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35973] SteelRiver Infrastructure Fund North America LP; SteelRiver Devco Holdings LLC; and SR Transportation Holdings LLC--Continuance in Control Exemption--West Belt Railway LLC SteelRiver Infrastructure Fund North America LP (SteelRiver), SteelRiver Devco Holdings LLC (Devco), and SR Transportation Holdings LLC (SRTH) (collectively, Applicants), all noncarriers, have jointly filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of West Belt Railway LLC (WBRY), upon WBRY's becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in West Belt Railway--Lease & Operation Exemption Including Interchange Commitment--Terminal Railroad Association of St. Louis, Docket No. FD 35972, in which WBRY seeks Board approval to lease from Terminal Railroad Association of St. Louis, and to operate, approximately 9.66 miles of rail line consisting of the following two segments: (1) The West Belt Industry Lead (WBIL), from milepost 1.07 at Adelaide Avenue to the end of the track at milepost 9.54; and (2) the Central Belt Industrial Lead, from the point of connection with the WBIL at milepost 9.54 to the end of the track, all located in the City of St. Louis, St. Louis County, Mo. This transaction may be consummated on November 21, 2015, the effective date of the exemption (30 days after the verified notice of exemption was filed). [[Page 68900]] WBRY is owned by Devco. Devco is owned by SteelRiver. Devco and SRTH do not control any carriers. SteelRiver is owned by a diverse group of U.S. and foreign pension funds, insurance companies, and other investors. SteelRiver controls PRC Funding LLC, a noncarrier, which controls Patriot Funding LLC, a noncarrier, which controls PRC Holdings LLC, a noncarrier, which controls PRC Midco LLC, a noncarrier, which controls Patriot Rail Company LLC, (Patriot), a noncarrier. Patriot controls 13 Class III railroads. For a complete list of these rail carriers, and the states in which they operate, see the notice of exemption filed on October 22, 2015, in this proceeding. The notice is available on the Board's Web site at WWW.STB.DOT.GOV. The notice therefore seeks exemption for Devco and SRTH to continue in control of WBRY, and for SteelRiver to continue indirect control of WBRY when WBRY becomes a Class III rail carrier. Applicants state that: (1) WBRY does not connect with any of the rail carriers controlled by Patriot; (2) the proposed transaction is not part of a series of anticipated transactions that would connect WBRY with each other or with any rail carriers controlled by Patriot; and (3) the proposed transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). Applicants state that the proposed transaction is intended to promote the investment objectives of Applicants and to improve the efficiency, financial strength, and ability of WBRY to meet the needs of shippers. 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 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 by November 13, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35973 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: Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at: WWW.STB.DOT.GOV. Decided: November 3, 2015. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2015-28335 Filed 11-5-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 68899
conducted by the health physicist DEPARTMENT OF TRANSPORTATION 35968, must be filed with the Surface
during the quarter; (iii) summaries of Transportation Board, 395 E Street SW.,
the results of the radiation level surveys Surface Transportation Board Washington, DC 20423–0001. In
and contamination surveys; (iv) any [Docket No. FD 35968] addition, a copy must be served on
changes to the radiation safety program; applicant’s representative, John D.
(v) an estimate of the total TI San Pedro Railroad Operating Heffner, Strasburger & Price, LLP, 1025
transported during the quarter; and (vi) Company, LLC, d/b/a San Pedro & Connecticut Ave. NW., Suite 717,
the total quarterly dose in person-rem Southwestern Railroad—Lease and Washington, DC 20036.
for all monitored personnel. Operation Exemption—Union Pacific Board decisions and notices are
Railroad Company available on our Web site at
Del-Med, Inc. of Edison, NJ missed WWW.STB.DOT.GOV.
filing their reports. The fourth quarter San Pedro Railroad Operating
Decided: November 3, 2015.
report for 2014 was due within 90 days Company, LLC, d/b/a San Pedro &
of January 15, 2015; the first quarter Southwestern Railroad (SPSR), a Class By the Board.
report for 2015 was due within 90 days III rail carrier, has filed a verified notice Joseph H. Dettmar,
of April 15, 2015; and the second of exemption under 49 CFR 1150.41 to Acting Director, Office of Proceedings.
quarter report for 2015 was due within lease and operate 7,422 feet of track Tia Delano,
90 days of July 15, 2015. owned by the Union Pacific Railroad Clearance Clerk.
Company (UPRR). This trackage, which [FR Doc. 2015–28327 Filed 11–5–15; 8:45 am]
Pursuant to 49 CFR 107.121,
is known as the Willcox Yard, is located BILLING CODE 4915–01–P
PHMSA’s Associate Administrator may
at UPRR milepost 1074 in Willcox, Ariz.
modify, suspend or terminate a special (the Line).
permit or grant of party status, as SPSR states that it has operated the DEPARTMENT OF TRANSPORTATION
appropriate, on finding that the holder Line pursuant to a lease entered into
or party knowingly has violated the between SPSR and UPRR dated June 29, Surface Transportation Board
terms of the special permit or an 2005 (the Initial Willcox Lease).
applicable requirement of this chapter According to SPSR, the Initial Willcox [Docket No. FD 35973]
in a manner demonstrating the holder or Lease expired on November 1, 2015.
party is not fit to conduct the activity SPSR states that it has entered into a SteelRiver Infrastructure Fund North
authorized by the special permit. Del- new lease with UPRR providing for America LP; SteelRiver Devco
Med Inc.’s failure to file the reports SPSR’s continued operation of the Line Holdings LLC; and SR Transportation
required by the terms of DOT–SP 8308 for a term of five years beginning on or Holdings LLC—Continuance in Control
constitutes a violation of the terms of about November 1, 2015 (the New Exemption—West Belt Railway LLC
the special permit. On September 11, Willcox Lease).1
SteelRiver Infrastructure Fund North
2015 PHMSA sent a letter proposing The parties may consummate the America LP (SteelRiver), SteelRiver
suspension of DOT–SP 8308, and transaction on or after November 22, Devco Holdings LLC (Devco), and SR
offering Del-Med, Inc. an opportunity to 2015, the effective date of the exemption Transportation Holdings LLC (SRTH)
respond within 30 days and show cause (30 days after the verified notice of (collectively, Applicants), all
why the proposed action should not be exemption was filed).2 noncarriers, have jointly filed a verified
taken. The US Postal Service was unable SPSR certifies that, as a result of this notice of exemption pursuant to 49 CFR
to deliver the letter. PHMSA’s Office of transaction, its projected revenues will 1180.2(d)(2) to continue in control of
Hazardous Materials Safety, Field not result in the creation of a Class II or West Belt Railway LLC (WBRY), upon
Operations, attempted an inspection at Class I rail carrier and will not exceed WBRY’s becoming a Class III rail carrier.
$5 million. This transaction is related to a
the Edison, New Jersey facility and
SPSR states that the lease contains no concurrently filed verified notice of
determined that Del-Med, Inc. is no
interchange commitment between the exemption in West Belt RailwayÐLease
longer active at that location. On
parties. & Operation Exemption Including
October 21, 2015, PHMSA suspended If the verified notice contains false or
Del-Med’s status as a grantee to DOT– Interchange CommitmentÐTerminal
misleading information, the exemption Railroad Association of St. Louis,
SP 8308 until such time that they can is void ab initio. Petitions to revoke the
provide up-to-date quarterly reports and Docket No. FD 35972, in which WBRY
exemption under 49 U.S.C. 10502(d) seeks Board approval to lease from
demonstrate that they are in compliance may be filed at any time. The filing of
with the requirements of the special Terminal Railroad Association of St.
a petition to revoke will not Louis, and to operate, approximately
permit. automatically stay the effectiveness of 9.66 miles of rail line consisting of the
Issued in Washington, DC, on November 2, the exemption. Petitions to stay must be following two segments: (1) The West
2015. filed no later than November 13, 2015 Belt Industry Lead (WBIL), from
Magdy El-Sibaie, (at least seven days before the milepost 1.07 at Adelaide Avenue to the
exemption becomes effective). end of the track at milepost 9.54; and (2)
Associate Administrator for Hazardous
An original and 10 copies of all the Central Belt Industrial Lead, from
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
pleadings, referring to Docket No. FD the point of connection with the WBIL
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2015–28311 Filed 11–5–15; 8:45 am] 1 In addition to invoking the class exemption for
at milepost 9.54 to the end of the track,
BILLING CODE 4910–60–P the New Willcox Lease, SPSR is asking the Board all located in the City of St. Louis, St.
to grant retroactive authority for the Initial Willcox Louis County, Mo.
Lease. However, the class exemption invoked by This transaction may be
SPSR does not provide for retroactive effectiveness. consummated on November 21, 2015,
2 Because SPSR amended its verified notice of
exemption on October 23, 2015, that date is the
the effective date of the exemption (30
official filing date and the basis for all subsequent days after the verified notice of
dates. exemption was filed).
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![68900 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
WBRY is owned by Devco. Devco is An original and 10 copies of all America LP, SteelRiver Devco Holdings
owned by SteelRiver. Devco and SRTH pleadings, referring to Docket No. FD LLC, and SR Transportation Holdings
do not control any carriers. SteelRiver is 35973 must be filed with the Surface LLC seek Board approval to continue in
owned by a diverse group of U.S. and Transportation Board, 395 E Street SW., control of WBRY under 49 CFR
foreign pension funds, insurance Washington, DC 20423–0001. In 1180.2(d)(2), upon WBRY’s becoming a
companies, and other investors. addition, a copy of each pleading must Class III rail carrier.
SteelRiver controls PRC Funding LLC, a be served on: Thomas F. McFarland,
WBRY certifies that the proposed
noncarrier, which controls Patriot Thomas F. McFarland, P.C., 208 South
Funding LLC, a noncarrier, which LaSalle Street, Suite 1890, Chicago, IL lease and operation involves a provision
controls PRC Holdings LLC, a 60604. in the Agreement that may limit future
noncarrier, which controls PRC Midco Board decisions and notices are interchange with a third party
LLC, a noncarrier, which controls available on our Web site at: connecting carrier (interchange
Patriot Rail Company LLC, (Patriot), a WWW.STB.DOT.GOV. commitment). As required under 49
noncarrier. Patriot controls 13 Class III CFR 1150.43(h)(1), WBRY has disclosed
Decided: November 3, 2015.
railroads. For a complete list of these in its verified notice that the subject
By the Board, Joseph H. Dettmar, Acting
rail carriers, and the states in which Director, Office of Proceedings.
Agreement contains an interchange
they operate, see the notice of commitment that affects the interchange
Tia Delano,
exemption filed on October 22, 2015, in point in Rock Island Junction in the City
Clearance Clerk.
this proceeding. The notice is available of St. Louis. In addition, WBRY has
[FR Doc. 2015–28335 Filed 11–5–15; 8:45 am]
on the Board’s Web site at provided additional information
BILLING CODE 4915–01–P
WWW.STB.DOT.GOV. The notice regarding the interchange commitment.
therefore seeks exemption for Devco and WBRY also certifies that the projected
SRTH to continue in control of WBRY, annual revenues do not exceed those
DEPARTMENT OF TRANSPORTATION
and for SteelRiver to continue indirect that would qualify it as a Class III rail
control of WBRY when WBRY becomes Surface Transportation Board carrier and would not exceed $5
a Class III rail carrier.
[Docket No. FD 35972] million.
Applicants state that: (1) WBRY does
not connect with any of the rail carriers The proposed transaction may be
West Belt Railway LLC—Lease and consummated on November 21, 2015,
controlled by Patriot; (2) the proposed
Operation Exemption Including the effective date of the exemption (30
transaction is not part of a series of
Interchange Commitment—Terminal days after the verified notice of
anticipated transactions that would
Railroad Association of St. Louis
connect WBRY with each other or with exemption was filed). If the verified
any rail carriers controlled by Patriot; West Belt Railway LLC (WBRY), a notice contains false or misleading
and (3) the proposed transaction does noncarrier, has filed a verified notice of information, the exemption is void ab
not involve a Class I rail carrier. The exemption under 49 CFR 1150.31 to initio. Petitions to revoke the exemption
proposed transaction is therefore lease from Terminal Railroad under 49 U.S.C. 10502(d) may be filed
exempt from the prior approval Association of St. Louis, and to operate, at any time. The filing of a petition to
requirements of 49 U.S.C. 11323 approximately 9.66 miles of rail line revoke will not automatically stay the
pursuant to 49 CFR 1180.2(d)(2). consisting of the following two effectiveness of the exemption. Petitions
Applicants state that the proposed segments: (1) The West Belt Industry to stay must be filed by November 13,
transaction is intended to promote the Lead (WBIL), from milepost 1.07 at 2015 (at least seven days prior to the
investment objectives of Applicants and Adelaide Avenue to the end of the track date the exemption becomes effective).
to improve the efficiency, financial at milepost 9.54; and (2) the Central Belt
strength, and ability of WBRY to meet Industrial Lead, from the point of An original and 10 copies of all
the needs of shippers. connection with the WBIL at milepost pleadings, referring to Docket No. FD
Under 49 U.S.C. 10502(g), the Board 9.54 to the end of the track, all located 35972, must be filed with the Surface
may not use its exemption authority to in the City of St. Louis, St. Louis Transportation Board, 395 E Street SW.,
relieve a rail carrier of its statutory County, Mo., pursuant to a Lease Washington, DC 20423–0001. In
obligation to protect the interests of its Agreement (Agreement) dated October addition, a copy of each pleading must
employees. Section 11326(c), however, 14, 2015.1 be served on applicant’s representative,
does not provide for labor protection for This transaction is related to a Thomas F. McFarland, Thomas F.
transactions under §§ 11324 and 11325 concurrently filed verified notice of McFarland, P.C., 208 South LaSalle
that involve only Class III rail carriers. exemption in SteelRiver Infrastructure Street, Suite 1890, Chicago, IL 60604.
Accordingly, the Board may not impose Fund North America LP; SteelRiver Board decisions and notices are
labor protective conditions here, Devco Holdings; & SR Transportation available on our Web site at
because all of the carriers involved are HoldingsÐContinuance in Control WWW.STB.DOT.GOV.
Class III carriers. ExemptionÐWest Belt Railway LLC,
If the verified notice contains false or Docket No. FD 35973, in which Decided: November 3, 2015.
misleading information, the exemption SteelRiver Infrastructure Fund North By the Board, Joseph H. Dettmar, Acting
is void ab initio. Petitions to revoke the Director, Office of Proceedings.
1 WBRY filed a confidential, complete version of
mstockstill on DSK4VPTVN1PROD with NOTICES
exemption under 49 U.S.C. 10502(d) Tia Delano,
the Agreement with its notice of exemption to be
may be filed at any time. The filing of kept confidential by the Board under 49 CFR Clearance Clerk.
a petition to revoke will not 1104.14(a) without need for the filing of an [FR Doc. 2015–28334 Filed 11–5–15; 8:45 am]
automatically stay the effectiveness of accompanying motion for protective order under 49
BILLING CODE 4915–01–P
the exemption. Petitions to stay must be CFR 1104.14(b). In a letter filed on October 23,
2015, WBRY submits the correct list of shippers in
filed by November 13, 2015 (at least the response to 49 CFR 1150.33(h)(iii) that was
seven days before the exemption incorrectly shown in its verified notice of
becomes effective). exemption filed on October 22, 2015.
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Document Created: 2015-12-14 15:08:48
Document Modified: 2015-12-14 15:08:48
| 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 68899 |
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