82 FR 9106 - West Branch Intermediate Holdings, LLC and Continental Rail LLC-Continuance in Control Exemption-New Mexico Central Railroad, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 21 (February 2, 2017)

Page Range		9106-9107
FR Document		2017-02227

Federal Register, Volume 82 Issue 21 (Thursday, February 2, 2017)

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9106-9107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02227]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36087]


West Branch Intermediate Holdings, LLC and Continental Rail LLC--
Continuance in Control Exemption--New Mexico Central Railroad, LLC

    West Branch Intermediate Holdings, LLC (West Branch) and 
Continental Rail LLC (Continental) have filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) for West Branch to continue 
in control of, and Continental to manage, New Mexico Central Railroad, 
LLC (NMCR), upon NMCR's becoming a Class III rail carrier. West Branch 
is a noncarrier limited liability company that currently controls Delta 
Southern Railroad, Inc. (Delta), a Class III carrier. Continental is a 
noncarrier formed for the purpose of managing and operating short line 
railroads.
    This transaction is related to a concurrently filed verified notice 
of exemption in New Mexico Central Railroad--Acquisition & Operation 
Exemption--Southwestern Railroad, Whitewater Division, Docket No. FD 
36085, in which NMCR has filed for authority under 49 CFR 1150.31 to 
acquire and operate certain Southwestern assets. In particular, NMRC 
will acquire Southwestern's leasehold interest in a line between Deming 
(MP 1134) and Rincon (MP 1080) and Southwestern's ownership interest in 
lines: Between Deming (MP 0.0) and Peruhill (MP 5+3,763 feet); between 
Peruhill (MP 5+3,763 feet) and Whitewater (MP 30+2,972 feet); between 
Whitewater (near MP 30+2,972 feet) and the Tyrone Industrial Spur at 
Burro Mountain Jct. (near MP 33+5,256 feet); between Whitewater (MP 
0+0750 feet) and Santa Rita (MP 16+1,500 feet); and between Hannover, 
Jct. (MP 14+1,345.4 feet) and the connection line at the Fierro 
Industrial Spur at the Sharon Steel Plant (near MP 6+1,804 feet). The 
total Southwestern mileage NMCR will acquire (by purchase or lease) and 
operate is approximately 116 miles.\1\
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    \1\ In Docket No. FD 36084, West Branch and Continental have 
invoked the class exemption at 49 CFR 1180.2(d)(2) for West Branch 
to acquire control of, and for Continental to manage, the following 
Class III rail carriers: Cimarron Valley Railroad, L.C., Clarksdale 
Arizona Central Railroad, L.C., and Wyoming and Colorado Railroad 
Company, Inc.

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[[Page 9107]]

    The applicants certify that: (1) The carriers that are the subject 
of this notice do not connect with each other; (2) that this 
transaction is not part of a series of anticipated transactions that 
would connect these rail carriers with each other; and (3) the 
transaction does not involve a Class I 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).
    The earliest the transaction could be consummated is February 16, 
2017, the effective date of the exemption (30 days after the verified 
notice of exemption was filed). The parties expect to consummate the 
transaction on or about February 17, 2017.
    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 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 February 9, 2017 (at 
least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36087, 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: 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.GOV.

    Decided: January 30, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-02227 Filed 2-1-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices 9107

The applicants certify that: (1) The SURFACE TRANSPORTATION BOARD January 31, 2018. The employee
carriers that are the subject of this notice protective conditions imposed in the
[Docket No. FD 36067]
do not connect with each other; (2) that October 14, 2016 notice remain in effect.
this transaction is not part of a series of New Orleans Public Belt Railroad— Board decisions and notices are
anticipated transactions that would Temporary Trackage Rights available on our Web site at
connect these rail carriers with each Exemption—Illinois Central Railroad ‘‘WWW.STB.GOV.’’
other; and (3) the transaction does not Company Decided: January 27, 2017.
involve a Class I carrier. The proposed
transaction is therefore exempt from the On January 12, 2017, New Orleans By the Board, Rachel D. Campbell,
Public Belt Railroad (NOPB), a Class III Director, Office of Proceedings.
prior approval requirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2). rail carrier, filed a request under 49 CFR Marline Simeon,
1180.2(d)(8) for a one-year extension of Clearance Clerk.
The earliest the transaction could be
temporary overhead trackage rights over [FR Doc. 2017–02217 Filed 2–1–17; 8:45 am]
consummated is February 16, 2017, the a line of railroad of the Illinois Central BILLING CODE 4915–01–P
effective date of the exemption (30 days Railroad Company (IC), over two
after the verified notice of exemption segments of IC’s rail lines as follows: (1)
was filed). The parties expect to IC’s McComb Subdivision, between IC’s SURFACE TRANSPORTATION BOARD
consummate the transaction on or about connection with the Kansas City
February 17, 2017. Southern Railway Company (KCS) at or [Docket No. FD 36091]
Under 49 U.S.C. 10502(g), the Board near IC milepost 906.4 at East Bridge
may not use its exemption authority to Junction in Shrewsbury, La., and IC David L. Durbano, Wyoming and
relieve a rail carrier of its statutory milepost 900.8 at Orleans Junction in Colorado Railroad Company, Inc., and
obligation to protect the interests of its New Orleans, La. (approximately 5.6 Saratoga Railroad, LLC—Corporate
employees. Section 11326(c), however, miles); and (2) IC’s Baton Rough Family Transaction
does not provide for labor protection for Subdivision, between IC milepost 444.2
transactions under 11324 and 11325 at Orleans Junction and IC milepost David L. Durbano (Durbano), an
that involve only Class III rail carriers. 443.5 at Frellsen Junction in New individual, Saratoga Railroad, LLC
Accordingly, the Board may not impose Orleans, La. (approximately 0.7 miles), (Saratoga), a noncarrier corporation
labor protective conditions here, for a total distance of approximately 6.3 wholly owned by Durbano, and
because all of the carriers involved are miles (the Line). Wyoming and Colorado Railroad
Class III carriers. NOPB was authorized to acquire the Company, Inc. (WYCO), a Class III rail
If the verified notice contains false or temporary overhead trackage rights over carrier controlled by Durbano,1
the Line by notice of exemption served (collectively, the Parties) have filed a
misleading information, the exemption
and published in the Federal Register verified notice of exemption under 49
is void ab initio. Petitions to revoke the
on October 14, 2016 (81 FR 71,161). CFR 1180.2(d)(3) for a corporate family
exemption under 49 U.S.C. 10502(d)
According to NOPB, the temporary transaction in which: (1) Saratoga will
may be filed at any time. The filing of
trackage rights permit it to interchange acquire from WYCO and operate an
a petition to revoke will not
traffic with the Kansas City Southern approximately 23.71-mile rail line
automatically stay the effectiveness of
Railway Company (KCS) on KCS between milepost 0.57 at Walcott and
the exemption. Petitions to stay must be
trackage in New Orleans on a trial basis. milepost 24.28 at Saratoga in Carbon
filed by February 9, 2017 (at least seven Under 49 CFR 1180.2(d)(8), the
days before the exemption becomes County, Wyo. (the EB Line); and (2)
parties may, prior to the expiration of Durbano will continue in control of
effective). the temporary trackage rights, file a Saratoga when it becomes a Class III rail
An original and ten copies of all request for a renewal of the temporary carrier, upon Saratoga’s acquisition of
pleadings, referring to Docket No. FD rights for an additional period of up to the EB line, while remaining in control
36087, must be filed with the Surface one year, including the reasons for the of WYCO and Durbano’s three other
Transportation Board, 395 E Street SW., extension. NOPB states that the Class III rail carriers: Southwestern
Washington, DC 20423–0001. In temporary trackage rights are scheduled Railroad, Inc. (SWRR), Cimarron Valley
addition, a copy of each pleading must to expire on January 31, 2017. NOPB
be served on: John D. Heffner, further states that the initial operations 1 Durbano has controlled WYCO since WYCO
Strasburger & Price, LLP, 1025 have been successful, and NOPB and IC acquired a 131.52-mile line from Union Pacific
Connecticut Ave. NW., Suite 717, have agreed to extend the rights for an Railroad Company (UP) in 1987. See Wyo. & Colo.
Washington, DC 20036. additional year, to January 31, 2018, to R.R.—Acquis. & Operation Exemption—Certain
Lines of Union Pac. R.R., FD 31140 (ICC served
Board decisions and notices are confirm the longer-term feasibility of Nov. 30, 1987) (1987 Acquisition). The line being
available on our Web site at operations. acquired by Saratoga was part of the l987
WWW.STB.GOV. NOPB filed a copy of the amendment Acquisition and is known as Encampment Branch
to the temporary trackage rights or the EB Line. The remainder of the former UP line
Decided: January 30, 2017. agreement with its request for the one- acquired in the 1987 Acquisition has either been
By the Board, Rachel D. Campbell, abandoned or sold through a series of proceedings.
year extension. NOPB also See Wyo. & Colo. R.R.—Aban. Exemption—in
Director, Office of Proceedings. acknowledges that any further extension Jackson Cty., Colo., AB 307 (Sub-No. 1X) (ICC
Marline Simeon, of these rights, or a conversion of the served June 25, 1990); Wyo. & Colo. R.R.—Aban.
rights from temporary to permanent, Exemption—in Jackson Cty., Colo., AB 307 (Sub-No.
mstockstill on DSK3G9T082PROD with NOTICES

Clearance Clerk. 2X) (ICC served May 19, 1995 and Sept. 15, 1995);
[FR Doc. 2017–02227 Filed 2–1–17; 8:45 am] would require a separate notice of Wyo. & Colo. R.R.—Aban. Exemption—in Albany
BILLING CODE 4915–01–P
exemption filing pursuant to 49 CFR Cty., Wyo., AB 307 (Sub-No. 3X) (STB served Sept.
1180.4(g). 16, 1996, as modified by subsequent decisions
In accordance with 49 CFR served on May 16, 2003, and December 31, 2003;)
of, and for Continental to manage, the following Wyo. & Colo. R.R.—Aban. Exemption—in Albany
Class III rail carriers: Cimarron Valley Railroad,
1180.2(d)(8), NOPB’s temporary Cty., Wyo., AB 307 (Sub-No. 4X) (STB served Oct.
L.C., Clarksdale Arizona Central Railroad, L.C., and trackage rights over the Line will be 10, 2003, as modified by subsequent decisions
Wyoming and Colorado Railroad Company, Inc. extended for one year and will expire on served on Nov. 10, 2003, and Feb. 27, 2009).

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Document Created: 2017-02-02 00:55:10
Document Modified: 2017-02-02 00:55:10

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 9106