83 FR 49151 - Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.-Continuance in Control Exemption-San Pedro Valley Holdings, LLC in Cochise County, Ariz.; Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.-Continuance in Control Exemption-San Pedro Valley Railroad, LLC in Cochise County, Ariz.
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 189 (September 28, 2018)
Federal Register Volume 83, Issue 189 (September 28, 2018)
| Page Range | 49151-49151 | |
| FR Document | 2018-21184 |
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)] [Notices] [Page 49151] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21184] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36218; Docket No. FD 36219] Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.--Continuance in Control Exemption--San Pedro Valley Holdings, LLC in Cochise County, Ariz.; Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.--Continuance in Control Exemption--San Pedro Valley Railroad, LLC in Cochise County, Ariz. In Docket No. FD 36218, Gregory B. Cundiff, Connie Cundiff, CGX, Inc. (CGX), and Ironhorse Resources, Inc. (IHR),\1\ (collectively, applicants) filed a verified notice of exemption under 49 CFR 1180.2(d)(2) for CGX to continue in control of San Pedro Valley Holdings, LLC (SPVH), upon SPVH's becoming a Class III rail carrier. --------------------------------------------------------------------------- \1\ CGX, a noncarrier holding company, owns IHR--also a noncarrier holding company. CGX is owned in equal parts by the Gregory B. Cundiff Trust and the Connie Cundiff Trust, both of which are noncarrier individual trusts. --------------------------------------------------------------------------- This transaction is related to a concurrently filed verified notice of exemption in San Pedro Valley Holdings, LLC--Acquisition Exemption-- San Pedro & Southwestern Railroad in Cochise County, Ariz., Docket No. FD 36216. In that proceeding, SPVH seeks an exemption under 49 CFR 1150.31 to acquire two rail lines owned by the San Pedro and Southwestern Railroad Company: (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. In Docket No. FD 36219, applicants filed a verified notice of exemption under 49 CFR 1180.2(d)(2) for IHR to continue in control of San Pedro Valley Railroad, LLC (SPVR), upon SPVR's becoming a Class III rail carrier. This transaction is related to a concurrently filed verified notice of exemption in San Pedro Valley Railroad--Operator Exemption--San Pedro Valley Holdings, LLC in Cochise County, Ariz., Docket No. FD 36217, in which SPVR seeks an exemption under 49 CFR 1150.31 to assume operations over the Lines. According to applicants, CGX will continue in control of SPVH upon SPVH's becoming a Class III rail carrier and will remain in control of the following Class III carriers: Crystal City Railroad, Inc; Lone Star Railroad, Inc.; Rio Valley Railroad, Inc.; and Mississippi Tennessee Holdings, Inc. Applicants state that IHR will continue in control of SPVR upon SPVR's becoming a Class III rail carrier and will remain in control of the following Class III carriers: Texas Railroad Switching, Inc.; Rio Valley Switching Company; Mississippi Tennessee Railroad, LLC; Southern Switching Company; Gardendale Railroad, Inc.; Caney Fork & Western Railroad; and Santa Teresa Southern Railroad. The earliest these transactions may be consummated is October 17, 2018, the effective date of the exemptions (30 days after the verified notices were filed).\2\ CGX and IHR state that they intend to consummate the transactions no sooner than 30 days after the filing of the notices of exemption. --------------------------------------------------------------------------- \2\ The verified notices of exemption in Docket Nos. FD 36218 and FD 36219 originally were filed on August 30, 2018, but were supplemented on September 17, 2018, to clarify the common control of the entities involved in the transactions. Therefore, September 17 is deemed the verified notices' filing date. --------------------------------------------------------------------------- Applicants state that: (1) The properties to be acquired by SPVH and operated by SPVR, and the properties of the rail carriers controlled by CGX and IHR do not connect with each other; (2) the proposed continuances in control are not part of a series of anticipated transactions that would connect the carriers with each other or any railroad in their corporate families; and (3) the transactions do not involve a Class l rail carrier. Therefore, the transactions are 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 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 Sections 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 notices contain false or misleading information, the exemptions are void ab initio. Petitions to revoke the exemptions 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 exemptions. Petitions for stay must be filed no later than October 10, 2018 (at least seven days before the exemptions become effective). An original and 10 copies of all pleadings, referring to Docket Nos. FD 36218 and FD 36219, 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 the applicants' counsel, Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604-1228. According to applicants, these actions are categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 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. 2018-21184 Filed 9-27-18; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices 49151
Dated: September 25, 2018. No. FD 36217, in which SPVR seeks an a petition to revoke will not
Jeff Herzig, exemption under 49 CFR 1150.31 to automatically stay the effectiveness of
Clearance Clerk. assume operations over the Lines. the exemptions. Petitions for stay must
[FR Doc. 2018–21138 Filed 9–27–18; 8:45 am] According to applicants, CGX will be filed no later than October 10, 2018
BILLING CODE 4915–01–P
continue in control of SPVH upon (at least seven days before the
SPVH’s becoming a Class III rail carrier exemptions become effective).
and will remain in control of the An original and 10 copies of all
SURFACE TRANSPORTATION BOARD following Class III carriers: Crystal City pleadings, referring to Docket Nos. FD
Railroad, Inc; Lone Star Railroad, Inc.; 36218 and FD 36219, must be filed with
[Docket No. FD 36218; Docket No. FD Rio Valley Railroad, Inc.; and
36219]
the Surface Transportation Board, 395 E
Mississippi Tennessee Holdings, Inc. Street SW, Washington, DC 20423–0001.
Gregory B. Cundiff, Connie Cundiff, Applicants state that IHR will continue In addition, a copy of each pleading
CGX, Inc. and Ironhorse Resources, in control of SPVR upon SPVR’s must be served on the applicants’
Inc.—Continuance in Control becoming a Class III rail carrier and will counsel, Thomas F. McFarland, Thomas
Exemption—San Pedro Valley remain in control of the following Class F. McFarland, P.C., 208 South LaSalle
Holdings, LLC in Cochise County, III carriers: Texas Railroad Switching, Street, Suite 1666, Chicago, IL 60604–
Ariz.; Gregory B. Cundiff, Connie Inc.; Rio Valley Switching Company; 1228.
Cundiff, CGX, Inc. and Ironhorse Mississippi Tennessee Railroad, LLC; According to applicants, these actions
Resources, Inc.—Continuance in Southern Switching Company; are categorically excluded from
Control Exemption—San Pedro Valley Gardendale Railroad, Inc.; Caney Fork & environmental review under 49 CFR
Railroad, LLC in Cochise County, Ariz. Western Railroad; and Santa Teresa 1105.6(c) and from historic reporting
Southern Railroad. under 49 CFR 1105.8(b).
In Docket No. FD 36218, Gregory B. The earliest these transactions may be Board decisions and notices are
Cundiff, Connie Cundiff, CGX, Inc. consummated is October 17, 2018, the available on our website at www.stb.gov.
(CGX), and Ironhorse Resources, Inc. effective date of the exemptions (30
(IHR),1 (collectively, applicants) filed a Decided: September 25, 2018.
days after the verified notices were
verified notice of exemption under 49 filed).2 CGX and IHR state that they By the Board, Scott M. Zimmerman, Acting
CFR 1180.2(d)(2) for CGX to continue in Director, Office of Proceedings.
intend to consummate the transactions
control of San Pedro Valley Holdings, no sooner than 30 days after the filing Jeffrey Herzig,
LLC (SPVH), upon SPVH’s becoming a of the notices of exemption. Clearance Clerk.
Class III rail carrier. Applicants state that: (1) The [FR Doc. 2018–21184 Filed 9–27–18; 8:45 am]
This transaction is related to a properties to be acquired by SPVH and BILLING CODE 4915–01–P
concurrently filed verified notice of operated by SPVR, and the properties of
exemption in San Pedro Valley the rail carriers controlled by CGX and
Holdings, LLC—Acquisition IHR do not connect with each other; (2) SURFACE TRANSPORTATION BOARD
Exemption—San Pedro & Southwestern the proposed continuances in control [Docket No. AB 1261]
Railroad in Cochise County, Ariz., are not part of a series of anticipated
Docket No. FD 36216. In that transactions that would connect the New York State Department of
proceeding, SPVH seeks an exemption carriers with each other or any railroad Environmental Conservation—Adverse
under 49 CFR 1150.31 to acquire two in their corporate families; and (3) the Abandonment—Saratoga and North
rail lines owned by the San Pedro and transactions do not involve a Class l rail Creek Railway in Town of Johnsburg,
Southwestern Railroad Company: (1) carrier. Therefore, the transactions are NY
From point of connection to Union exempt from the prior approval
Pacific Railroad (UP) at milepost requirements of 49 U.S.C. 11323. See 49 On September 10, 2018, the New York
1033.25 at or near Benson, to milepost CFR 1180.2(d)(2). State Department of Environmental
1040.15 at or near St. David, a distance Under 49 U.S.C. 10502(g), the Board Conservation (the Department) filed an
of 6.9 miles in Cochise County, Ariz.; may not use its exemption authority to application under 49 U.S.C. 10903
and (2) from point of connection to UP relieve a rail carrier of its statutory requesting that the Surface
at milepost 1074 at or near Wilcox, to obligation to protect the interests of its Transportation Board (the Board)
all tracks at Wilcox Yard, a total of 8,281 employees. Section 11326(c), however, authorize the third-party, or adverse,
feet or 1.57 miles, in Cochise County does not provide for labor protection for abandonment of Saratoga and North
(collectively, the Lines). The Lines total transactions under Sections 11324 and Creek Railway (SNCR) over
approximately 8.47 miles. 11325 that involve only Class III rail approximately 29.71 miles of rail line
In Docket No. FD 36219, applicants carriers. Accordingly, the Board may not extending between milepost NC 0.0 at
filed a verified notice of exemption impose labor protective conditions here North Creek, NY, and its terminus at
under 49 CFR 1180.2(d)(2) for IHR to because all of the carriers involved are milepost NC 29.71 near the former
continue in control of San Pedro Valley Class III carriers. Tahawus Mine (Tahawus Line or the
Railroad, LLC (SPVR), upon SPVR’s If the notices contain false or Line). The Line traverses United States
becoming a Class III rail carrier. This misleading information, the exemptions Postal Service Zip Codes 12842, 12843,
transaction is related to a concurrently are void ab initio. Petitions to revoke the 12851, 12852, 12853, and 12857.
filed verified notice of exemption in San exemptions under 49 U.S.C. 10502(d) According to the Department, the Line
Pedro Valley Railroad—Operator may be filed at any time. The filing of was built by the United States during
amozie on DSK3GDR082PROD with NOTICES1
Exemption—San Pedro Valley Holdings, the Second World War to facilitate the
LLC in Cochise County, Ariz., Docket 2 The verified notices of exemption in Docket transportation of strategic materials
Nos. FD 36218 and FD 36219 originally were filed from a former mine owned and operated
1 CGX, a noncarrier holding company, owns on August 30, 2018, but were supplemented on by NL Industries. In 2012, SNCR
IHR—also a noncarrier holding company. CGX is September 17, 2018, to clarify the common control
owned in equal parts by the Gregory B. Cundiff of the entities involved in the transactions.
obtained Board authority to operate over
Trust and the Connie Cundiff Trust, both of which Therefore, September 17 is deemed the verified the Tahawus Line, which it had
are noncarrier individual trusts. notices’ filing date. purchased from NL Industries the year
VerDate Sep<11>2014 19:22 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/83_FR_49340/page/1.svg)
Document Created: 2018-09-28 01:23:05
Document Modified: 2018-09-28 01:23:05
| 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 49151 |
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