83 FR 59443 - Watco Holdings, Inc.-Continuance in Control Exemption-Ithaca Central Railroad, LLC
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 226 (November 23, 2018)
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59443-59444 | |
| FR Document | 2018-25549 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Notices] [Pages 59443-59444] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25549] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. FD 36243] Watco Holdings, Inc.--Continuance in Control Exemption--Ithaca Central Railroad, LLC Watco Holdings Inc. (Watco), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Ithaca Central Railroad, LLC (ICR), upon ICR's becoming a Class III rail carrier. Watco owns, indirectly, 100% of the issued and outstanding stock of ICR. This transaction is related to a verified notice of exemption filed concurrently in Ithaca Central Railroad, LLC--Lease & Operation Exemption--Norfolk Southern Railway, Docket No. FD 36238, by which ICR seeks Board approval to lease from Norfolk Southern Railway Company (NSR) and operate approximately 48.8 miles of rail line between milepost 272.2 in Sayre, Pa. and milepost 321.0 in Lansing, N.Y. The transaction may be consummated on or after December 8, 2018, the effective date of the exemption (30 days after the verified notice of exemption was filed). According to the verified notice of exemption, Watco currently controls indirectly 38 Class III railroads and one Class II railroad, collectively operating in 25 states. For a complete list of these rail carriers and the states in which they operate, see the November 8, 2018 verified notice of exemption at pages 4-11. The verified notice is available on the Board's website at www.stb.gov. Watco represents that: (1) The rail line to be operated by ICR does not connect with any of the rail lines operated by railroads in the Watco corporate family; (2) this transaction is not part of a series of anticipated transactions that would connect ICR with any railroad in the Watco corporate family; and (3) the transaction does not involve a Class I rail 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). Watco states that the purpose of the transaction is to reduce overhead expenses and coordinate billing, maintenance, mechanical and personnel policies and procedures of its rail carrier subsidiaries, and thereby improve the overall efficiency of rail service provided by the railroads in the Watco corporate family. 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. Because the transaction involves the control of one Class II and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.-- Acquisition Exemption--Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 for stay must be filed no later than November 30, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36243, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. [[Page 59444]] According to Watco, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our website at www.stb.gov. Decided: November 19, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Raina Contee, Clearance Clerk. [FR Doc. 2018-25549 Filed 11-21-18; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices 59443
that NWRR operates a 28-mile line relieve a rail carrier of its statutory The transaction may be consummated
owned by the Cheatham County Rail obligation to protect the interests of its on or after December 8, 2018, the
Authority extending between Tennessee employees. Section 11326(c), however, effective date of the exemption (30 days
Central milepost 205.76 at Nashville, does not provide for the labor protection after the verified notice of exemption
Tenn., and Tennessee Central milepost for transactions under sections 11324 was filed).
185 at Ashland City, Tenn. RJCG and and 11325 that involve only Class III rail According to the verified notice of
RJCR state that NERR operates rail lines carriers. Therefore, because this exemption, Watco currently controls
owned by the Nashville and Eastern transaction involves only Class III rail indirectly 38 Class III railroads and one
Railroad Authority totaling carriers, the Board may not impose labor Class II railroad, collectively operating
approximately 130.2 miles, extending protective conditions for this in 25 states. For a complete list of these
between (1) milepost 0.35 at Nashville transaction. rail carriers and the states in which they
and milepost 110.5 at Monterey, Tenn., If the verified notice contains false or operate, see the November 8, 2018
(2) milepost 189.5 at Vine Hill, Tenn., misleading information, the exemption verified notice of exemption at pages 4–
and 194.1 at Southern Junction, Tenn., is void ab initio. Petitions to revoke the 11. The verified notice is available on
(3) milepost NX 0.00 at Carthage exemption under 49 U.S.C. 10502(d) the Board’s website at www.stb.gov.
Junction, Tenn., and milepost NX 7.56 may be filed at any time. The filing of Watco represents that: (1) The rail line
at Carthage, Tenn., and (4) milepost 0.1 a petition to revoke will not to be operated by ICR does not connect
at Donelson, Tenn., and milepost 8.0 at automatically stay the transaction. with any of the rail lines operated by
Old Hickory, Tenn. Petitions to stay must be filed no later railroads in the Watco corporate family;
RJCG and RJCR have signed a Plan of than November 30, 2018 (at least seven (2) this transaction is not part of a series
Merger and Sale and Purchase of Equity days before the exemption becomes of anticipated transactions that would
Interests (Agreement) 3 with NWRR and effective). connect ICR with any railroad in the
NERR by which RJCG and RJCR will An original and ten copies of all Watco corporate family; and (3) the
acquire control of NWRR and NERR pleadings, referring to Docket No. FD transaction does not involve a Class I
through the purchase of 100% of their 36250, must be filed with the Surface rail carrier. The proposed transaction is
issued and outstanding stock.4 Transportation Board, 395 E Street SW, therefore exempt from the prior
The earliest the transaction could be Washington, DC 20423–0001. In approval requirements of 49 U.S.C.
consummated is December 9, 2018, the addition, a copy of each pleading must 11323 pursuant to 49 CFR 1180.2(d)(2).
effective date of the exemption (30 days be served on David R. Irvin, Esq., Watco states that the purpose of the
after the verified notice was filed). RJCG Moynahan, Irvin & Mooney P.S.C., 110 transaction is to reduce overhead
and RJCR state that the transaction is N Main Street, Nicholasville, KY 40356. expenses and coordinate billing,
scheduled to be finalized during the Board decisions and notices are maintenance, mechanical and personnel
first quarter of 2019. available on our website at www.stb.gov. policies and procedures of its rail carrier
RJCG and RJCR certify that: (i) NWRR subsidiaries, and thereby improve the
and NERR do not connect with each Decided: November 19, 2018. overall efficiency of rail service
other or any of the RJC Railroads; (ii) the By the Board, Scott M. Zimmerman, Acting provided by the railroads in the Watco
proposed transaction is not part of a Director, Office of Proceedings. corporate family.
series of anticipated transactions that Kenyatta Clay, Under 49 U.S.C. 10502(g), the Board
would connect some or all of these Clearance Clerk. may not use its exemption authority to
railroads; and (iii) the transaction does [FR Doc. 2018–25574 Filed 11–21–18; 8:45 am] relieve a rail carrier of its statutory
not involve a Class I carrier. Therefore, BILLING CODE P obligation to protect the interests of its
the transaction is exempt from the employees. Because the transaction
requirements of 49 U.S.C. 11323. See 49 involves the control of one Class II and
CFR 1180.2(d)(2). SURFACE TRANSPORTATION BOARD one or more Class III rail carriers, the
Under 49 U.S.C. 10502(g), the Board transaction is subject to the labor
[Docket No. FD 36243]
may not use its exemption authority to protection requirements of 49 U.S.C.
Watco Holdings, Inc.—Continuance in 11326(b) and Wisconsin Central Ltd.—
LLC, are non-operating carriers. The other 10
Control Exemption—Ithaca Central Acquisition Exemption—Lines of Union
operating railroads include R.J. Corman Railroad
Company/Western Ohio Line, Inc., R.J. Corman Railroad, LLC Pacific Railroad, 2 S.T.B. 218 (1997).
Railroad Company/Pennsylvania Lines, Inc., R.J. If the verified notice contains false or
Corman Railroad Company/Allentown Lines, Inc., Watco Holdings Inc. (Watco), a misleading information, the exemption
R.J. Corman Railroad Company/Bardstown Line, noncarrier, has filed a verified notice of is void ab initio. Petitions to revoke the
Inc., R.J. Corman Railroad Company/Cleveland exemption under 49 CFR 1180.2(d)(2) to exemption under 49 U.S.C. 10502(d)
Line, Inc., R.J. Corman Railroad Company/Carolina
Lines, LLC, R.J. Corman Railroad Company/Central
continue in control of Ithaca Central may be filed at any time. The filing of
Kentucky Lines, LLC, R.J. Corman Railroad Railroad, LLC (ICR), upon ICR’s a petition to revoke will not
Company/Texas Lines, LLC, R.J. Corman Railroad becoming a Class III rail carrier. Watco automatically stay the effectiveness of
Company/Tennessee Terminal, LLC, and R.J. owns, indirectly, 100% of the issued the exemption. Petitions for stay must
Corman Railroad Company/Memphis Line, Inc.,
(collectively, RJC Railroads).
and outstanding stock of ICR. be filed no later than November 30,
3 An unredacted copy of the Agreement was filed This transaction is related to a 2018 (at least seven days before the
concurrently under seal, along with a motion for verified notice of exemption filed exemption becomes effective).
protective order, which will be addressed in a concurrently in Ithaca Central Railroad, An original and 10 copies of all
separate decision. LLC—Lease & Operation Exemption— pleadings, referring to Docket No. FD
amozie on DSK3GDR082PROD with NOTICES1
4 RJCG and RJCR indicate that they will purchase
the stock of NERR through the creation of a holding
Norfolk Southern Railway, Docket No. 36243, must be filed with the Surface
company, RJCN, Inc., and its wholly owned entity, FD 36238, by which ICR seeks Board Transportation Board, 395 E Street SW,
RJCMS, Inc., which will be merged into NERR approval to lease from Norfolk Southern Washington, DC 20423–0001. In
simultaneously, with NERR as the surviving entity. Railway Company (NSR) and operate addition, one copy of each pleading
RJCG and RJCR will purchase the stock of NWRR
by merging NWRR with newly created entity
approximately 48.8 miles of rail line must be served on Karl Morell &
RJCWMS, Inc., which will be the surviving entity between milepost 272.2 in Sayre, Pa. Associates, 440 1st Street NW, Suite
with the name reverting to NWRR. and milepost 321.0 in Lansing, N.Y. 440, Washington, DC 20001.
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![59444 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
According to Watco, this action is An original and 10 copies of all 2014–0215 using any of the following
categorically excluded from pleadings, referring to Docket No. FD methods:
environmental review under 49 CFR 36238, must be filed with the Surface • Federal eRulemaking Portal: Go to
1105.6(c). Transportation Board, 395 E Street SW, http://www.regulations.gov. Follow the
Board decisions and notices are Washington, DC 20423–0001. In online instructions for submitting
available on our website at www.stb.gov. addition, one copy of each pleading comments.
Decided: November 19, 2018. must be served on Karl Morell & • Mail: Docket Management Facility;
By the Board, Scott M. Zimmerman, Acting Associates, 440 1st Street NW, Suite U.S. Department of Transportation, 1200
Director, Office of Proceedings. 440, Washington, DC 20001. New Jersey Avenue SE, West Building
Raina Contee, According to ICR, this action is Ground Floor, Room W12–140,
Clearance Clerk. excluded from environmental review Washington, DC 20590–0001.
[FR Doc. 2018–25549 Filed 11–21–18; 8:45 am]
under 49 CFR 1105.6(c) and from • Hand Delivery: West Building
historic reporting requirements under Ground Floor, Room W12–140, 1200
BILLING CODE 4915–01–P
49 CFR 1105.8(b). New Jersey Avenue SE, Washington,
Board decisions and notices are DC, between 9 a.m. and 5 p.m., ET,
SURFACE TRANSPORTATION BOARD available on our website at www.stb.gov. Monday through Friday, except Federal
Decided: November 19, 2018. Holidays.
[Docket No. FD 36238]
By the Board, Scott M. Zimmerman, Acting • Fax: 1–202–493–2251.
Ithaca Central Railroad, LLC—Lease Director, Office of Proceedings. To avoid duplication, please use only
and Operation Exemption—Norfolk Raina Contee, one of these four methods. See the
Southern Railway Company Clearance Clerk. ‘‘Public Participation’’ portion of the
[FR Doc. 2018–25550 Filed 11–21–18; 8:45 am] SUPPLEMENTARY INFORMATION section for
Ithaca Central Railroad LLC (ICR), a instructions on submitting comments.
BILLING CODE 4915–01–P
noncarrier, has filed a verified notice of
FOR FURTHER INFORMATION CONTACT: Ms.
exemption under 49 CFR 1150.31 to
Christine A. Hydock, Chief, Medical
lease from Norfolk Southern Railway
DEPARTMENT OF TRANSPORTATION Programs Division, 202–366–4001,
Company (NSR) and operate
fmcsamedical@dot.gov, FMCSA,
approximately 48.8 miles of rail line,
Federal Motor Carrier Safety Department of Transportation, 1200
extending from milepost 272.2 in Sayre,
Administration New Jersey Avenue SE, Room W64–224,
Pa., to milepost 321.0 in Lansing, N.Y.
This transaction is related to a [Docket Nos. FMCSA–2014–0214; FMCSA–
Washington, DC 20590–0001. Office
concurrently filed verified notice of 2014–0215] hours are from 8:30 a.m. to 5 p.m., ET,
exemption in Watco Holdings, Inc.— Monday through Friday, except Federal
Continuance in Control Exemption— Qualification of Drivers; Exemption holidays. If you have questions
Ithaca Central Railroad, Docket No. FD Applications; Epilepsy and Seizure regarding viewing or submitting
36243, in which Watco Holdings, Inc., Disorders material to the docket, contact Docket
seeks to continue in control of ICR upon Services, telephone (202) 366–9826.
AGENCY: Federal Motor Carrier Safety
ICR’s becoming a Class III rail carrier. SUPPLEMENTARY INFORMATION:
Administration (FMCSA), DOT.
ICR states that it will shortly enter
ACTION: Notice of renewal of I. Public Participation
into an agreement to lease the rail line
from NSR and that ICR will be the exemptions; request for comments.
A. Submitting Comments
operator of the leased line. ICR further SUMMARY: FMCSA announces its If you submit a comment, please
states that the proposed agreement decision to renew exemptions for five include the docket numbers for this
between ICR and NSR does not contain individuals from the requirement in the notice (Docket Nos. FMCSA–2014–0214;
any provision that prohibits ICR from Federal Motor Carrier Safety FMCSA–2014–0215), indicate the
interchanging traffic with a third party Regulations (FMCSRs) that interstate
or limits ICR’s ability to do so. specific section of this document to
commercial motor vehicle (CMV) which each comment applies, and
ICR certifies that its projected annual drivers have ‘‘no established medical
revenues as a result of this transaction provide a reason for each suggestion or
history or clinical diagnosis of epilepsy recommendation. You may submit your
will not result in ICR’s becoming a Class or any other condition which is likely
II or Class I rail carrier. ICR further comments and material online or by fax,
to cause loss of consciousness or any mail, or hand delivery, but please use
certifies that the projected annual loss of ability to control a CMV.’’ The
revenue of ICR will not exceed $5 only one of these means. FMCSA
exemptions enable these individuals recommends that you include your
million. who have had one or more seizures and
The transaction may be consummated name and a mailing address, an email
are taking anti-seizure medication to address, or a phone number in the body
on or after December 8, 2018, the
continue to operate CMVs in interstate of your document so that FMCSA can
effective date of the exemption (30 days
after the verified notice was filed). commerce. contact you if there are questions
If the verified notice contains false or DATES: Each group of renewed regarding your submission.
misleading information, the exemption exemptions were applicable on the To submit your comment online, go to
is void ab initio. Petitions to revoke the dates stated in the discussions below http://www.regulations.gov, put the
exemption under 49 U.S.C. 10502(d) and will expire on the dates stated in docket number, FMCSA–2014–0214;
amozie on DSK3GDR082PROD with NOTICES1
may be filed at any time. The filing of the discussions below. Comments must FMCSA–2014–0215, in the keyword
a petition to revoke will not be received on or before December 24, box, and click ‘‘Search.’’ When the new
automatically stay the effectiveness of 2018. screen appears, click on the ‘‘Comment
the exemption. Petitions for stay must ADDRESSES: You may submit comments Now!’’ button and type your comment
be filed no later than November 30, identified by the Federal Docket into the text box on the following
2018 (at least seven days before the Management System (FDMS) Docket screen. Choose whether you are
exemption becomes effective). Nos. FMCSA–2014–0214; FMCSA– submitting your comment as an
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Document Created: 2018-11-27 12:58:45
Document Modified: 2018-11-27 12:58:45
| 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 59443 |
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