83 FR 49152 - San Pedro Valley Holdings, LLC-Acquisition Exemption-San Pedro and Southwestern Railroad Company in Cochise County, Ariz.

SURFACE TRANSPORTATION BOARD

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

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49152-49153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21185]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36216]


San Pedro Valley Holdings, LLC--Acquisition Exemption--San Pedro 
and Southwestern Railroad Company in Cochise County, Ariz.

    San Pedro Valley Holdings, LLC (SPVH), a noncarrier, has filed a 
verified notice of 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.
    This transaction is related to a concurrently filed verified notice 
of exemption in Gregory B. Cundiff--Continuance in Control Exemption--
San Pedro Valley Holdings, LLC in Cochise County, Ariz., Docket No. FD 
36218, in which CGX, Inc., seeks Board approval to continue in control 
of SPVH upon SPVH's becoming a Class III rail carrier.
    SPVH 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. SPVH 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\ SPVH 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\ SPVH filed its verified notice of exemption on August 30, 
2018. On September 17, 2018, however, SPVH supplemented its verified 
notice to clarify references to Docket No. FD 36218. 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

[[Page 49153]]

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).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36216, 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 SPVH's counsel, Thomas F. McFarland, Thomas 
F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 
60604-1228.
    According to SPVH, 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. 2018-21185 Filed 9-27-18; 8:45 am]
 BILLING CODE 4915-01-P