82 FR 18522 - David L. Durbano-Continuance in Control Exemption-Texas & Eastern Railroad, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 74 (April 19, 2017)

Page Range		18522-18523
FR Document		2017-07904

Federal Register, Volume 82 Issue 74 (Wednesday, April 19, 2017)

[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18522-18523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07904]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[STB Finance Docket No. 36111]


David L. Durbano--Continuance in Control Exemption--Texas & 
Eastern Railroad, LLC

    David L. Durbano (Durbano), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Texas & Eastern Railroad, LLC (T&ER), upon T&ER's becoming a 
Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 36110, Texas & Eastern Railroad, LLC--
Change in Operator Exemption--Texas State Railroad Authority. In that 
proceeding, T&ER seeks an exemption under 49 CFR 1150.31 to assume 
operations over approximately 27 miles of rail line, between Rusk and 
Palestine, in Anderson and Cherokee Counties, Tex.
    The earliest this transaction can be consummated is May 3, 2017, 
the effective date of the exemption (30 days after the verified notice 
was filed). Durbano states that he intends to consummate the 
transaction on or shortly after May 3, 2017.
    Durbano will continue in control of T&ER upon T&ER's becoming a 
Class III rail carrier, and remains in control of Class III carriers 
Southwestern Railroad, Inc., Cimarron Valley Railroad, L.C., Clarkdale 
Arizona Central Railroad, L.C., Wyoming and Colorado Railroad Company, 
Inc., and Saratoga Railroad, LLC.
    Durbano certifies that: (1) The rail lines to be operated by T&ER 
do not connect with any other railroads in the Durbano corporate 
family; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect these rail lines with any 
other railroad in the Durbano 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

[[Page 18523]]

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 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 April 26, 2017 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36111, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: April 14, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-07904 Filed 4-18-17; 8:45 am]
 BILLING CODE 4915-01-P

18522 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices

The earliest this transaction can be proposed merger would eliminate the Board decisions and notices are
consummated is May 3, 2017, the preparation of separate tax returns and available on our Web site at
effective date of the exemption. the need to maintain separate corporate WWW.STB.GOV.
If the verified notice contains false or records. In addition, there would be
Decided: April 11, 2017.
misleading information, the exemption certain operational and other record-
is void ab initio. Petitions to revoke the keeping advantages that would be By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
exemption under 49 U.S.C. 10502(d) gained from the merger.
may be filed at any time. The filing of Rena Laws-Byrum,
The Parties state that the proposed
a petition to revoke will not Clearance Clerk.
merger agreement between NNW and
automatically stay the effectiveness of NRI contains no provision or agreement [FR Doc. 2017–07669 Filed 4–18–17; 8:45 am]
the exemption. Petitions for stay must that would limit NNW’s interchange BILLING CODE 4915–01–P
be filed no later April 26, 2017 (at least with a third-party connecting carrier.2
seven days before the exemption
Unless stayed, the exemption will be SURFACE TRANSPORTATION BOARD
becomes effective).
effective on May 3, 2017 (30 days after
An original and 10 copies of all [STB Finance Docket No. 36111]
the verified notice was filed). The
pleadings, referring to Docket No. FD
Parties state that they intend to
36110, must be filed with the Surface David L. Durbano—Continuance in
consummate the proposed transaction
Transportation Board, 395 E Street SW., Control Exemption—Texas & Eastern
on or after that date.
Washington, DC 20423–0001. In Railroad, LLC
addition, one copy of each pleading This is a transaction within a
must be served on William A. Mullins, corporate family of the type specifically David L. Durbano (Durbano), a
Baker & Miller PLLC, 2401 Pennsylvania exempted from prior review and noncarrier, has filed a verified notice of
Ave. NW., Suite 300, Washington, DC approval under 49 CFR 1180.2(d)(3). exemption pursuant to 49 CFR
20037. The Parties state that the transaction 1180.2(d)(2) to continue in control of
Board decisions and notices are will not result in adverse changes in Texas & Eastern Railroad, LLC (T&ER),
available on our Web site at service levels, significant operational upon T&ER’s becoming a Class III rail
WWW.STB.GOV. changes, or any change in the carrier.
competitive balance with carriers This transaction is related to a
Decided: April 14, 2017. concurrently filed verified notice of
outside the corporate family.
By the Board, Scott M. Zimmerman, Acting exemption in Docket No. FD 36110,
Director, Office of Proceedings. Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to Texas & Eastern Railroad, LLC—Change
Raina S. Contee, in Operator Exemption—Texas State
relieve a rail carrier of its statutory
Clearance Clerk. Railroad Authority. In that proceeding,
obligation to protect the interests of its
[FR Doc. 2017–07903 Filed 4–18–17; 8:45 am]
employees. Section 11326(c), however, T&ER seeks an exemption under 49 CFR
BILLING CODE 4915–01–P does not provide for labor protection for 1150.31 to assume operations over
transactions under 11324 and 11325 approximately 27 miles of rail line,
that involve only Class III rail carriers. between Rusk and Palestine, in
SURFACE TRANSPORTATION BOARD Accordingly, the Board may not impose Anderson and Cherokee Counties, Tex.
[Docket No. FD 36097] labor protective conditions here, The earliest this transaction can be
because all the carriers involved are consummated is May 3, 2017, the
Nebraska Northwestern Railroad, Inc. Class III carriers. effective date of the exemption (30 days
and Nebkota Railway, Inc.—Intra- after the verified notice was filed).
If the verified notice contains false or Durbano states that he intends to
Corporate Family Transaction misleading information, the exemption
Exemption consummate the transaction on or
is void ab initio. Petitions to revoke the shortly after May 3, 2017.
Nebraska Northwestern Railroad, Inc. exemption under 49 U.S.C. 10502(d) Durbano will continue in control of
(NNW) and Nebkota Railway, Inc. (NRI) may be filed at any time. The filing of T&ER upon T&ER’s becoming a Class III
(collectively, the Parties) have jointly a petition to revoke will not rail carrier, and remains in control of
filed a verified notice of exemption automatically stay the exemption. Class III carriers Southwestern Railroad,
under 49 CFR 1180.2(d)(3) for an intra- Petitions for stay must be filed no later Inc., Cimarron Valley Railroad, L.C.,
corporate family transaction. NNW and than April 26, 2017 (at least seven days Clarkdale Arizona Central Railroad,
NRI, both Class III rail carriers, are before the exemption becomes L.C., Wyoming and Colorado Railroad
controlled by John D. Nielsen (Mr. effective). Company, Inc., and Saratoga Railroad,
Nielsen), an individual.1 An original and 10 copies of all LLC.
Under the proposed transaction, NRI pleadings, referring to Docket No. FD Durbano certifies that: (1) The rail
will be merged with and into NNW with 36097, must be filed with the Surface lines to be operated by T&ER do not
NNW being the surviving corporate Transportation Board, 395 E Street SW., connect with any other railroads in the
entity. The Parties state that the purpose Washington, DC 20423–0001. In Durbano corporate family; (2) the
of the transaction is to streamline addition, one copy of each pleading continuance in control is not part of a
administration, enhance the financial must be served on Audrey L. Brodrick, series of anticipated transactions that
conditions of the two rail carriers that Fletcher & Sippel LLC, 29 North Wacker would connect these rail lines with any
are already largely integrated, and Drive, Suite 920, Chicago, IL 60606. other railroad in the Durbano corporate
jstallworth on DSK7TPTVN1PROD with NOTICES

consolidate the two into a single According to the Parties, this action is family; and (3) the transaction does not
company. According to the Parties, the categorically excluded from involve a Class I rail carrier. Therefore,
environmental review under 49 CFR the transaction is exempt from the prior
1 See John D. Nielsen—Control Exemption—
1105.6(c). approval requirements of 49 U.S.C.
Nebkota Ry., FD 35759 (STB served Nov. 25, 2013).
According to the Parties, Mr. Nielsen does not have 11323. See 49 CFR 1180.2(d)(2).
a controlling interest in any common carriers other 2 An unexecuted draft copy of the agreement was Under 49 U.S.C. 10502(g), the Board
than NNW and NRI. filed with the notice of exemption. may not use its exemption authority to

VerDate Sep<11>2014 15:06 Apr 18, 2017 Jkt 241001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1

Document Created: 2018-11-14 09:43:36
Document Modified: 2018-11-14 09:43:36

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		82 FR 18522