83 FR 49148 - San Pedro Valley Railroad, LLC-Operation Exemption-San Pedro Valley Holdings, LLC in Cochise County, Ariz.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range		49148-49149
FR Document		2018-21181

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49148-49149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21181]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36217]


San Pedro Valley Railroad, LLC--Operation Exemption--San Pedro 
Valley Holdings, LLC in Cochise County, Ariz.

    San Pedro Valley Railroad, LLC (SPVR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate two rail 
lines being acquired by San Pedro Valley Holdings, LLC: (1) From point 
of connection to Union Pacific Railroad (UP) at milepost 1033.25 at or 
near Benson, to milepost 1040.15 at or near St. David, a distance of 
6.9 miles in Cochise County, Ariz.; and (2) from point of connection to 
UP at milepost 1074 at or near Wilcox, to all tracks at Wilcox Yard, a 
total of 8,281 feet or 1.57 miles, in Cochise County (collectively, the 
Lines). The Lines total approximately 8.47 miles.
    This transaction is related to a concurrently filed verified notice 
of exemption in Gregory B. Cundiff--Continuance in Control Exemption--
San Pedro Valley Railroad, LLC in Cochise County, Ariz., Docket No. FD 
36219, in which Ironhorse Resources, Inc., seeks Board approval to 
continue in control of SPVR upon SPVR's becoming a Class III rail 
carrier.
    SPVR certifies that, as a result of the proposed transaction, its 
projected annual revenues will not result in its becoming a Class I or 
Class II rail carrier and will not exceed $5 million. SPVR also 
certifies that the proposed transaction does not involve any 
interchange commitments as defined in 49 CFR 1150.43(h).
    The earliest this transaction may be consummated is October 17, 
2018, the effective date of the exemption (30 days after the verified 
notice was filed).\1\ SPVR states that it intends to consummate the 
transaction no sooner than 30 days after the filing of this notice of 
exemption.
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    \1\ SPVR filed its verified notice of exemption on August 30, 
2018. On September 17, 2018, however, SPVR supplemented its verified 
notice to clarify references to Docket No. FD 36219. Therefore, 
September 17, 2018, is deemed the verified notice's filing date.
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    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 October 10, 2018 (at 
least seven days before the exemption becomes effective).

[[Page 49149]]

    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36217, 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 SPVR's counsel, Thomas F. McFarland, Thomas 
F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 
60604-1228.
    According to SPVR, no environmental or historic documentation or 
report is required pursuant to 49 CFR 1105.6(c) and 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: September 25, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-21181 Filed 9-27-18; 8:45 am]
 BILLING CODE 4915-01-P

49148 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices

impact on the adequacy of carrier industry would be minimal at SURFACE TRANSPORTATION BOARD
transportation services to the public, as most and that neither competition nor
Wise would continue to provide the the public interest would be adversely [Docket No. FD 36217]
services it currently provides using the affected. (Id.)
San Pedro Valley Railroad, LLC—
same name. (Appl. 9.) Applicants state Applicants assert that there are no Operation Exemption—San Pedro
that Wise ‘‘will continue to operate, but significant fixed charges associated with
going forward, will be operating within Valley Holdings, LLC in Cochise
the contemplated transaction. (Id. at 10.) County, Ariz.
the National Express corporate family, Applicants also state that National
an organization that is very experienced Express does not anticipate a San Pedro Valley Railroad, LLC
in passenger transportation operations.’’ measurable reduction in force or (SPVR), a noncarrier, has filed a verified
(Id.) changes in compensation levels or notice of exemption under 49 CFR
According to Applicants, ‘‘[t]he benefits to employees. (Id.) Applicants 1150.31 to operate two rail lines being
addition of Wise to the carriers held by submit, however, that staffing acquired by San Pedro Valley Holdings,
National Express is consistent with the redundancies could result in limited LLC: (1) From point of connection to
practices within the passenger motor downsizing of back-office or managerial- Union Pacific Railroad (UP) at milepost
carrier industry of strong, well-managed level personnel. (Id.) 1033.25 at or near Benson, to milepost
transportation organizations adapting 1040.15 at or near St. David, a distance
their corporate structure to operate The Board finds that the acquisition
proposed in the application is of 6.9 miles in Cochise County, Ariz.;
several different passenger carriers and (2) from point of connection to UP
within the same services markets, but in consistent with the public interest and
should be tentatively approved and at milepost 1074 at or near Wilcox, to
different geographic areas.’’ (Id.) all tracks at Wilcox Yard, a total of 8,281
Applicants assert that Wise is authorized. If any opposing comments
are timely filed, these findings will be feet or 1.57 miles, in Cochise County
experienced in some of the same market (collectively, the Lines). The Lines total
segments already served by some of the deemed vacated, and, unless a final
decision can be made on the record as approximately 8.47 miles.
National Express Affiliated Carriers. (Id. This transaction is related to a
at 9–10.) Applicants expect the developed, a procedural schedule will
be adopted to reconsider the concurrently filed verified notice of
transaction to result in improved exemption in Gregory B. Cundiff—
operating efficiencies, increased application. See 49 CFR 1182.6(c). If no
opposing comments are filed by the Continuance in Control Exemption—
equipment utilization rates, and cost San Pedro Valley Railroad, LLC in
savings derived from economies of expiration of the comment period, this
notice will take effect automatically and Cochise County, Ariz., Docket No. FD
scale, all of which, Applicants state,
will be the final Board action. 36219, in which Ironhorse Resources,
would help to ensure the provision of
This action is categorically excluded Inc., seeks Board approval to continue
adequate service to the public. (Id. at
from environmental review under 49 in control of SPVR upon SPVR’s
10.) Applicants further assert that
CFR 1105.6(c). becoming a Class III rail carrier.
bringing Wise within the National
SPVR certifies that, as a result of the
Express corporate family would serve to Board decisions and notices are proposed transaction, its projected
enhance the viability of the overall available on our website at www.stb.gov. annual revenues will not result in its
organization and the operations of the It is ordered: becoming a Class I or Class II rail carrier
National Express Affiliated Carriers,
1. The proposed transaction is and will not exceed $5 million. SPVR
which would ensure the continued
approved and authorized, subject to the also certifies that the proposed
availability of adequate passenger
filing of opposing comments. transaction does not involve any
transportation service for the public.
(Id.) 2. If opposing comments are timely interchange commitments as defined in
Applicants also claim that neither filed, the findings made in this notice 49 CFR 1150.43(h).
competition nor the public interest will be deemed vacated. The earliest this transaction may be
would be adversely affected by the 3. This notice will be effective consummated is October 17, 2018, the
contemplated transaction. Applicants November 14, 2018, unless opposing effective date of the exemption (30 days
state that the population and demand comments are filed by November 13, after the verified notice was filed).1
for charter and shuttle services in 2018. SPVR states that it intends to
Nashville, Tenn., and the surrounding 4. A copy of this notice will be served consummate the transaction no sooner
area (the Service Area) have consistently on: (1) The U.S. Department of than 30 days after the filing of this
grown and are expected to increase in Transportation, Federal Motor Carrier notice of exemption.
the foreseeable future. (Id. at 11.) Safety Administration, 1200 New Jersey If the verified notice contains false or
According to Applicants, Wise Avenue SE, Washington, DC 20590; (2) misleading information, the exemption
competes directly with other passenger the U.S. Department of Justice, Antitrust is void ab initio. Petitions to revoke the
charter and shuttle service providers in Division, 10th Street & Pennsylvania exemption under 49 U.S.C. 10502(d)
the Service Area, including Anchor Avenue NW, Washington, DC 20530; may be filed at any time. The filing of
Tours, First Class Charter, Grand and (3) the U.S. Department of a petition to revoke will not
Avenue, and Gray Line Nashville. (Id. at Transportation, Office of the General automatically stay the effectiveness of
11–12.) Applicants state that the Service Counsel, 1200 New Jersey Avenue SE, the exemption. Petitions to stay must be
Area is geographically dispersed from Washington, DC 20590. filed by October 10, 2018 (at least seven
the service areas of the National Express days before the exemption becomes
amozie on DSK3GDR082PROD with NOTICES1

Decided: September 24, 2018. effective).
Affiliated Carriers, and there is very
limited overlap in the service areas and By the Board, Board Members Begeman
and Miller.
customer bases among the National 1 SPVR filed its verified notice of exemption on

Express Affiliated Carriers and Wise. Kenyatta Clay, August 30, 2018. On September 17, 2018, however,
Clearance Clerk. SPVR supplemented its verified notice to clarify
(Id. at 12.) Thus, Applicants state that references to Docket No. FD 36219. Therefore,
the impact of the contemplated [FR Doc. 2018–21142 Filed 9–27–18; 8:45 am] September 17, 2018, is deemed the verified notice’s
transaction on the regulated motor BILLING CODE 4915–01–P filing date.

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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices 49149

An original and 10 copies of all Transportation Board, 395 E Street SW, consolidations, acquisitions of control,
pleadings, referring to Docket No. FD Washington, DC 20423–0001, or to pra@ and abandonments. Information from
36217, must be filed with the Surface stb.gov. these reports is used by the Board, other
Transportation Board, 395 E Street SW, FOR FURTHER INFORMATION CONTACT: For federal agencies, and industry groups to
Washington, DC 20423–0001. In further information regarding these monitor and assess industry growth and
addition, a copy of each pleading must collections, contact Pedro Ramirez at operations, detect changes in carrier
be served on SPVR’s counsel, Thomas F. (202) 245–0333 or pedro.ramirez@ financial stability, and identify trends
McFarland, Thomas F. McFarland, P.C., stb.gov. Assistance for the hearing that may affect the national
208 South LaSalle Street, Suite 1666, impaired is available through the transportation system. Some of the
Chicago, IL 60604–1228. Federal Information Relay Service information from these reports is
According to SPVR, no environmental (FIRS) at 1–800–877–8339. compiled by the Board in our quarterly
or historic documentation or report is SUPPLEMENTARY INFORMATION: Comments
Selected Earnings Data Report, which is
required pursuant to 49 CFR 1105.6(c) are requested concerning each published on the Board’s website,
and 1105.8(b). collection as to (1) whether the https://www.stb.gov/stb/industry/econ_
Board decisions and notices are particular collection of information is reports.html. The information contained
available on our website at www.stb.gov. necessary for the proper performance of in these reports is not available from
Decided: September 25, 2018. the functions of the Board, including any other source.
By the Board, Scott M. Zimmerman, Acting whether the collection has practical Description of Collection 2
Director, Office of Proceedings. utility; (2) the accuracy of the Board’s
Jeffrey Herzig, burden estimates; (3) ways to enhance Title: Quarterly Condensed Balance
the quality, utility, and clarity of the Sheet—Railroads (Form CBS).
Clearance Clerk.
[FR Doc. 2018–21181 Filed 9–27–18; 8:45 am] information collected; and (4) ways to OMB Control Number: 2140–0014.
BILLING CODE 4915–01–P
minimize the burden of the collection of Form Number: Form CBS.
information on the respondents, Type of Review: Extension without
including the use of automated change.
SURFACE TRANSPORTATION BOARD collection techniques or other forms of Respondents: Class I railroads.
information technology, when Number of Respondents: Seven.
30-Day Notice of Intent To Seek appropriate. Submitted comments will Estimated Time per Response: Six
Extension of Approval of Collections: be included and/or summarized in the hours.
Rail Carrier Financial Reports Board’s request for OMB approval.
Frequency of Response: Quarterly.
Subjects: In this notice, the Board is
Surface Transportation Board.
AGENCY: Total Annual Hour Burden: 168 hours
requesting comments on the following
Notice and request for
ACTION: information collections: annually.
comments. Total Annual ‘‘Non-Hour Burden’’
Description of Collection 1 Cost: None identified. Filings are
SUMMARY: As part of its continuing effort Title: Quarterly Report of Revenues, submitted electronically to the Board.
to reduce paperwork burdens, and as Expenses, and Income—Railroads (Form Needs and Uses: This collection
required by the Paperwork Reduction RE&I). shows the balance, quarterly and
Act of 1995 (PRA), the Surface OMB Control Number: 2140–0013. cumulative, for the current and prior
Transportation Board (Board) gives Form Number: Form RE&I. year of the carrier’s assets and liabilities,
notice of its intent to request from the Type of Review: Extension without gross capital expenditures, and revenue
Office of Management and Budget change. tons carried. See 49 CFR 1243.2. The
(OMB) approval without change of the Respondents: Class I railroads. Board uses the information in this
six existing collections described below. Number of Respondents: Seven. report to ensure competitive, efficient,
The Board previously published a Estimated Time per Response: Six and safe transportation through general
notice about this collection in the hours. oversight programs that monitor and
Federal Register (July 11, 2018). That Frequency of Response: Quarterly. forecast the financial and operating
notice allowed for a 60-day public Total Annual Hour Burden: 168 hours condition of railroads, and through
review and comment period. No annually. specific regulation of railroad rate and
comments were received. Total Annual ‘‘Non-Hour Burden’’ service issues and rail restructuring
DATES: Comments on these information Cost: None identified. Filings are proposals, including railroad mergers,
collections should be submitted by submitted electronically to the Board. consolidations, acquisitions of control,
October 29, 2018. Needs and Uses: This collection is a and abandonments. Information from
ADDRESSES: Written comments should report of railroad operating revenues, these reports is used by the Board, other
be identified as ‘‘Paperwork Reduction operating expenses and income items. It federal agencies, and industry groups to
Act Comments, Surface Transportation is also a profit and loss statement, assess industry growth and operations,
Board: Rail Carrier Financial Reports.’’ disclosing net railway operating income detect changes in carrier financial
These comments should be directed to on a quarterly and year-to-date basis for stability, and identify trends that may
the Office of Management and Budget, current and prior years. See 49 CFR affect the national transportation
Office of Information and Regulatory 1243.1. The Board uses the information system. Revenue ton-miles, which are
Affairs, Attention: Michael McManus, in this report to ensure competitive, reported in these reports, are compiled
amozie on DSK3GDR082PROD with NOTICES1

Surface Transportation Board Desk efficient, and safe transportation and published by the Board in its
Officer: By email at oira_submission@ through general oversight programs that quarterly Selected Earnings Data Report,
omb.eop.gov; by fax at (202) 395–1743; monitor and forecast the financial and which is published on the Board’s
or by mail to Room 10235, 725 17th operating condition of railroads, and website, https://www.stb.gov/stb/
Street NW, Washington, DC 20503. through regulation of railroad rate and industry/econ_reports.html. The
Please also direct comments to Chris service issues and rail restructuring information contained in these reports
Oehrle, PRA Officer, Surface proposals, including railroad mergers, is not available from any other source.

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Document Created: 2018-09-28 01:23:31
Document Modified: 2018-09-28 01:23:31

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		83 FR 49148