82 FR 9109 - West Branch Intermediate Holdings, LLC and Continental Rail LLC-Acquisition of Control Exemption-Cimarron Valley Railroad, L.C., Clarkdale Arizona Central Railroad, L.C., Wyoming and Colorado Railroad Company, Inc.

SURFACE TRANSPORTATION BOARD

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

Page Range		9109-9109
FR Document		2017-02285

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

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Page 9109]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02285]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36084]


West Branch Intermediate Holdings, LLC and Continental Rail LLC--
Acquisition of Control Exemption--Cimarron Valley Railroad, L.C., 
Clarkdale Arizona Central Railroad, L.C., Wyoming and Colorado Railroad 
Company, Inc.

    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 acquire 
control of, and for Continental to manage, the following Class III rail 
carriers: Cimarron Valley Railroad, L.C. (Cimarron), Clarkdale Arizona 
Central Railroad, L.C. (Clarkdale), and Wyoming and Colorado Railroad 
Company, Inc. (WYCO).\1\ David L. Durbano (Durbano) commonly controls 
these railroads now as well as a fourth Class III carrier, Southwestern 
Railroad, Inc. (Southwestern).\2\ The applicants have submitted to the 
Board a letter of intent concerning the transaction in this docket and 
will submit a final Purchase and Sale Agreement once negotiations are 
complete and the agreement is executed.\3\
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    \1\ West Branch currently controls another Class III carrier, 
Delta Southern Railroad, Inc. (Delta), and it will continue to do so 
after it consummates its acquisition of Cimarron, Clarkdale, and 
WYCO.
    \2\ The applicants do not intend to acquire control of 
Southwestern. Instead, West Branch will acquire certain assets of 
Southwestern through a newly formed subsidiary, New Mexico Central 
Railroad, LLC (NMCR). On the same day the applicants filed their 
verified notice in this docket, NMCR filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire and operate those 
Southwestern assets. See N.M. Cent. R.R.--Acquis. & Operation 
Exemption--Sw. R.R., Whitewater Division, Docket No. FD 36085. 
Concurrently, West Branch and Continental filed a verified notice of 
exemption under 49 CFR 1180.2(d)(2) for West Branch to acquire and 
for Continental to manage NMCR upon NMCR's becoming a Class III 
carrier. See W. Branch Intermediate Holdings & Cont'l Rail--
Continuance in Control Exemption--N. M. Cent. R.R., Docket No. FD 
36087.
    \3\ The applicants filed their letter of intent under seal and 
have moved that the Board issue a protective order governing access 
to the confidential materials. That motion is being addressed 
separately.
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    The applicants certify that: (1) The carriers that are the subject 
of this notice do not connect with each other, Delta, or NMCR; (2) 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 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 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 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 36084, 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.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-02285 Filed 2-1-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices 9109

the affected lines because there are no (WYCO).1 David L. Durbano (Durbano) may be filed at any time. The filing of
unionized employees employed by commonly controls these railroads now a petition to revoke will not
Southwestern. as well as a fourth Class III carrier, automatically stay the effectiveness of
The earliest the transaction could be Southwestern Railroad, Inc. the exemption. Petitions to stay must be
consummated is February 16, 2017, and (Southwestern).2 The applicants have filed by February 9, 2017 (at least seven
the parties expect to consummate the submitted to the Board a letter of intent days before the exemption becomes
transaction at that time. concerning the transaction in this effective).
If the verified notice contains false or docket and will submit a final Purchase An original and ten copies of all
misleading information, the exemption and Sale Agreement once negotiations pleadings, referring to Docket No. FD
is void ab initio. Petitions to revoke the are complete and the agreement is 36084, must be filed with the Surface
exemption under 49 U.S.C. 10502(d) executed.3 Transportation Board, 395 E Street SW.,
The applicants certify that: (1) The Washington, DC 20423–0001. In
may be filed at any time. The filing of
carriers that are the subject of this notice addition, a copy of each pleading must
a petition to revoke will not
do not connect with each other, Delta, be served on: John D. Heffner,
automatically stay the effectiveness of
or NMCR; (2) this transaction is not part Strasburger & Price, LLP, 1025
the exemption. Petitions to stay must be
of a series of anticipated transactions Connecticut Ave. NW., Suite 717,
filed by February 9, 2017 (at least seven
that would connect these rail carriers Washington, DC 20036.
days before the exemption becomes
with each other; and (3) the transaction Board decisions and notices are
effective).
does not involve a Class I carrier. The available on our Web site at
An original and ten copies of all proposed transaction is therefore ‘‘WWW.STB.GOV.’’
pleadings, referring to Docket No. FD exempt from the prior approval
36084, must be filed with the Surface Decided: January 30, 2017.
requirements of 49 U.S.C. 11323
Transportation Board, 395 E Street SW., By the Board, Rachel D. Campbell,
pursuant to 49 CFR 1180.2(d)(2).
Washington, DC 20423–0001. In Director, Office of Proceedings.
The earliest the transaction could be
addition, a copy of each pleading must consummated is February 16, 2017, the Kenyatta Clay,
be served on: John D. Heffner, effective date of the exemption (30 days Clearance Clerk.
Strasburger & Price, LLP, 1025 after the verified notice was filed). The [FR Doc. 2017–02285 Filed 2–1–17; 8:45 am]
Connecticut Ave. NW., Suite 717, parties expect to consummate the BILLING CODE 4915–01–P
Washington, DC 20036. transaction on or about February 17,
According to NMCR, this action is 2017.
categorically excluded from Under 49 U.S.C. 10502(g), the Board DEPARTMENT OF THE TREASURY
environmental review under 49 CFR may not use its exemption authority to
1105.6(c). relieve a rail carrier of its statutory Financial Crimes Enforcement Network
Board decisions and notices are obligation to protect the interests of its
available on our Web site at employees. Section 11326(c), however, Proposed Collection; Comment
WWW.STB.GOV. does not provide for labor protection for Request; Update and Revision of the
transactions under §§ 11324 and 11325 FinCEN Suspicious Activity Reports
Decided: January 30, 2017. Electronic Data Fields
that involve only Class III rail carriers.
By the Board, Rachel D. Campbell, Accordingly, the Board may not impose
Director, Office of Proceedings. AGENCY: Financial Crimes Enforcement
labor protective conditions here, Network (‘‘FinCEN’’), U.S. Department
Kenyatta Clay, because all of the carriers involved are
Clearance Clerk. of the Treasury.
Class III carriers.
[FR Doc. 2017–02284 Filed 2–1–17; 8:45 am] If the verified notice contains false or ACTION: Notice and request for
BILLING CODE 4915–01–P misleading information, the exemption comments.
is void ab initio. Petitions to revoke the SUMMARY: FinCEN, a bureau of the U.S.
exemption under 49 U.S.C. 10502(d) Department of the Treasury
SURFACE TRANSPORTATION BOARD (‘‘Treasury’’), invites all interested
1 West Branch currently controls another Class III

carrier, Delta Southern Railroad, Inc. (Delta), and it parties to comment on its proposed
[Docket No. FD 36084] will continue to do so after it consummates its update and revisions to the collection of
acquisition of Cimarron, Clarkdale, and WYCO. information filings by financial
West Branch Intermediate Holdings, 2 The applicants do not intend to acquire control
institutions required to file such reports
LLC and Continental Rail LLC— of Southwestern. Instead, West Branch will acquire
under the Bank Secrecy Act (‘‘BSA’’).
Acquisition of Control Exemption— certain assets of Southwestern through a newly
formed subsidiary, New Mexico Central Railroad, This notice does not propose any new
Cimarron Valley Railroad, L.C., LLC (NMCR). On the same day the applicants filed regulatory requirements or changes to
Clarkdale Arizona Central Railroad, their verified notice in this docket, NMCR filed a the requirements related to suspicious
L.C., Wyoming and Colorado Railroad verified notice of exemption under 49 CFR 1150.31
activity reporting. The data fields reflect
Company, Inc. to acquire and operate those Southwestern assets.
See N.M. Cent. R.R.—Acquis. & Operation the filing requirement for all filers of
West Branch Intermediate Holdings, Exemption—Sw. R.R., Whitewater Division, Docket SARs under the BSA. This request for
No. FD 36085. Concurrently, West Branch and comments is being made pursuant to the
LLC (West Branch) and Continental Rail Continental filed a verified notice of exemption
LLC (Continental) have filed a verified under 49 CFR 1180.2(d)(2) for West Branch to
Paperwork Reduction Act (PRA) of
notice of exemption pursuant to 49 CFR acquire and for Continental to manage NMCR upon 1995, Public Law 104–13, 44 U.S.C.
mstockstill on DSK3G9T082PROD with NOTICES

1180.2(d)(2), for West Branch to acquire NMCR’s becoming a Class III carrier. See W. Branch 3506(c)(2)(A).
Intermediate Holdings & Cont’l Rail—Continuance
control of, and for Continental to in Control Exemption—N. M. Cent. R.R., Docket No. DATES: Written comments are welcome
manage, the following Class III rail FD 36087. and must be received on or before April
carriers: Cimarron Valley Railroad, L.C. 3 The applicants filed their letter of intent under
3, 2017.
(Cimarron), Clarkdale Arizona Central seal and have moved that the Board issue a
ADDRESSES: Written comments should
protective order governing access to the
Railroad, L.C. (Clarkdale), and Wyoming confidential materials. That motion is being be submitted to: Policy Division,
and Colorado Railroad Company, Inc. addressed separately. Financial Crimes Enforcement Network,

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Document Created: 2017-02-02 00:55:24
Document Modified: 2017-02-02 00:55:24

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 9109