41804 Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Notices

agreement for GITM to resell the track, under 49 CFR 1105.6(c) and from Applicants will continue in control of rails, ties, ballast, culverts, and all other historic preservation reporting CCR upon CCR’s becoming a Class III non-real property assets and an requirements under 49 CFR rail carrier. According to Applicants, agreement to assign the lease to CSXT. 1105.8(b)(1). OmniTRAX currently controls 18 Class Additionally, SOFR is entering into an Board decisions and notices are III railroads and HGS currently controls agreement with CSXT whereby SOFR available at www.stb.gov. two Class III railroads, and the will be assigned the ownership of the Decided: August 12, 2019. properties of the rail carriers controlled track, rails, ties, ballast, culverts, and all By the Board, Allison C. Davis, Director, by OmniTRAX and HGS are located in other non-real property assets that Office of Proceedings. in the following states: Alabama, comprise the Line and the lease of the Jeffrey Herzig, California, Colorado, Florida, Georgia, real property from CSXT, thus Clearance Clerk. Illinois, Kansas, Nebraska, Ohio, succeeding SOFR as the lessee and Oklahoma, Texas, and Washington.2 operator of the Line. As a result, SOFR [FR Doc. 2019–17550 Filed 8–14–19; 8:45 am] Applicants state that: (1) The Lines to represents that CSXT will not acquire BILLING CODE 4915–01–P be operated by CCR do not connect with track, rails, ties, ballast, culverts, and all any other railroads operated by carriers controlled by OmniTRAX or HGS; (2) other non-real property assets, but will SURFACE TRANSPORTATION BOARD assign its rights under the agreements to the continuance in control is not part of SOFR prior to the termination of GITM’s [Docket No. FD 36288] a series of anticipated transactions that lease. would connect the Lines with any other This transaction is related to a OmniTRAX Holdings Combined, Inc. railroads in the OmniTRAX or HGS concurrently filed verified notice of and HGS Railway Holdings, Inc.— corporate families; and (3) the exemption in Watco Holdings, Inc.— Continuance in Control Exemption— transaction does not involve a Class I Continuance in Control Exemption— Cleveland & Cuyahoga Railway, LLC rail carrier. Therefore, the proposed Savannah & Old Fort Railroad, L.L.C., OmniTRAX Holdings Combined, Inc. transaction is exempt from the prior Docket No. FD 36337, in which Watco (OmniTRAX), and HGS Railway approval requirements of 49 U.S.C. Holdings, Inc., seeks Board approval to Holdings, Inc. (HGS), both noncarriers, 11323. See 49 CFR 1180.2(d)(2). continue in control of SOFR upon (collectively, Applicants) have filed a Under 49 U.S.C. 10502(g), the Board SOFR’s becoming a Class III carrier. verified notice of exemption under 49 may not use its exemption authority to SOFR states that the proposed CFR 1180.2(d)(2) to continue in control relieve a rail carrier of its statutory transaction does not involve any of Cleveland & Cuyahoga Railway, LLC obligation to protect the interests of its provision or agreement that would limit (CCR) upon CCR’s becoming a Class III employees. However, 49 U.S.C. 11326(c) future interchange with a third-party rail carrier. does not provide for labor protection for connecting carrier. SOFR certifies that This transaction is related to a transactions under 49 U.S.C. 11324 and its projected annual revenues as a result concurrently filed verified notice of 11325 that involve only Class III rail of the transaction will not result in the exemption in Cleveland & Cuyahoga carriers. Accordingly, the Board may not creation of a Class II or Class I rail Railway—Change in Operator impose labor protective conditions here carrier and will not exceed $5 million. Exemption Containing Interchange because all the carriers involved are Under 49 CFR 1150.32(b), a change in Commitment—Cleveland Commercial Class III carriers. operators requires that notice be given Railroad, Docket No. FD 36287. In that If the verified notice contains false or to shippers. SOFR certifies that it has proceeding, CCR seeks an exemption misleading information, the exemption provided notice of the proposed change under 49 CFR 1150.31 to acquire by is void ab initio. Petitions to revoke the in operator to all shippers located on the assignment from Cleveland Commercial Line. complete negotiations regarding the NS Line, and Railroad Company, LLC (Cleveland The earliest this transaction may be the request was granted. On July 16, 2019, CCR Commercial): (1) A lease agreement consummated is August 29, 2019 (30 notified the Board that it had completed its between Wheeling & Lake Erie Railway negotiations and requested that the Board process days after the verified notice was filed). Company and Cleveland Commercial; the verified notices in both dockets. On July 31, If the verified notice contains false or 2019, CCR filed a supplement in Docket No. FD misleading information, the exemption and (2) a lease agreement between 36287 clarifying that that proceeding should be a is void ab initio. Petitions to revoke the Norfolk Southern Railway Company and change in operator exemption and providing the exemption under 49 U.S.C. 10502(d) Cleveland Commercial. Upon most recent version of the lease agreement. In light consummation, CCR will replace of that supplement, July 31 is deemed the filing may be filed at any time. The filing of date of the change in operator exemption in Docket a petition to revoke will not Cleveland Commercial as the lessee and No. FD 36287, and its effective date is August 30, automatically stay the effectiveness of operator of approximately 35.7 miles of 2019. Because this continuance in control railroad line as follows: (1) A 10.4-mile exemption is exercised only when the change in the exemption. Petitions for stay must operator transaction is consummated, its effective be filed no later than August 22, 2019 rail line located in Cuyahoga County, Ohio, between milepost 15.5 at Falls date likewise will be August 30, 2019. (at least seven days before the 2 Specifically, OmniTRAX currently controls: exemption becomes effective). Junction in Glenwillow, and milepost Alabama & Tennessee River Railway, LLC; All pleadings, referring to Docket No. 5.1 in Cleveland; and (2) a 25.3-mile rail Brownsville & Rio Grande International Railway, FD 36336, must be filed with the line located in Cuyahoga and Portage LLC; Chicago Rail Link, LLC; Fulton County Counties, Ohio, between milepost RH Railway, LLC; Georgia & Florida Railway, LLC; Surface Transportation Board either via Georgia Woodlands Railroad, LLC; Great Western e-filing or in writing addressed to 395 E 2.2+/- in Cleveland, and milepost RH Railway of Colorado, LLC; Illinois Railway, LLC; Street SW, Washington, DC 20423–0001. 27.5+/- in Aurora (collectively, the Kettle Falls International Railway, LLC; Lines). Manufacturers’ Junction Railway, LLC; Nebraska, In addition, a copy of each pleading Kansas & Colorado Railway, LLC; Newburgh & must be served on SOFR’s The earliest this transaction may be 1 South Shore Railroad, LLC; Northern Ohio & representative, Karl Morell, Karl Morell consummated is August 30, 2019. Western Railway, LLC; Panhandle Northern and Associates, 440 1st Street NW, Suite Railway, LLC; Peru Industrial Railroad, LLC; Sand 1 The verified notices in Docket Nos. FD 36287 Springs Railway Company; Stockton Terminal and 440, Washington, DC 20001. and FD 36288 were initially submitted on April 1, Eastern Railroad; and Central Texas & Colorado According to SOFR, this action is 2019. On April 15, 2019, CCR requested that the River Railway LLC. HGS currently controls HGS– excluded from environmental review Board hold both dockets in abeyance until it could ATN, LLC and HGS–FCR, LLC.

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exemption under 49 U.S.C. 10502(d) 2004), and an agreement with Norfolk exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of Southern Railway Company in 2009 to may be filed at any time. The filing of a petition to revoke will not lease and operate the NS Line, see a petition to revoke will not automatically stay the effectiveness of Cleveland Commercial R.R.—Lease & automatically stay the effectiveness of the exemption. Petitions to stay must be Operation Exemption—Norfolk the exemption. Petitions for stay must filed no later than August 23, 2019. Southern Ry., FD 35251 (STB served be filed no later than August 23, 2019 All pleadings, referring to Docket No. May 29, 2009). (at least seven days before the FD 36288, must be filed with the According to CCR, Cleveland exemption becomes effective). Surface Transportation Board either via Commercial and CCR now have entered All pleadings, referring to Docket No. e-filing or in writing addressed to 395 E into an agreement under which FD 36287, must be filed with the Street SW, Washington, DC 20423–0001. Cleveland Commercial will assign both Surface Transportation Board either via In addition, a copy of each pleading leases to CCR. As a result, CCR will e-filing or in writing addressed to 395 E must be served on Applicants’ replace Cleveland Commercial as the Street SW, Washington, DC 20423–0001. representative, Karl Morell, Karl Morell lessee and operator of the Lines. In addition, a copy of each pleading and Associates, 440 1st Street NW, Suite This transaction is related to a must be served on CCR’s representative, 440, Washington, DC 20001. concurrently filed verified notice of Karl Morell, Karl Morell and Associates, According to Applicants, this action exemption in OmniTRAX Holdings 440 1st Street NW, Suite 440, is excluded from environmental review Combined, Inc.—Continuance in Washington, DC 20001. under 49 CFR 1105.6(c) and from Control Exemption—Cleveland & According to CCR, this action is historic preservation reporting Cuyahoga Railway, Docket No. FD excluded from environmental review requirements under 49 CFR 36288, in which OmniTRAX Holdings under 49 CFR 1105.6(c) and from 1105.8(b)(1). Combined, Inc., and HGS Railway historic preservation reporting Board decisions and notices are Holdings, Inc., both noncarriers, seek requirements under 49 CFR available at www.stb.gov. Board approval to continue in control of 1105.8(b)(1). Decided: August 12, 2019. CCR under 49 CFR 1180.2(d)(2) upon Board decisions and notices are CCR’s becoming a Class III rail carrier.1 By the Board, Allison C. Davis, Director, available at www.stb.gov. Office of Proceedings. CCR certifies that its projected annual Decided: August 12, 2019. revenues as a result of the transaction Jeffrey Herzig, By the Board, Allison C. Davis, Director, will not result in the creation of a Class Office of Proceedings. Clearance Clerk. II or Class I carrier and will not exceed Jeffrey Herzig, [FR Doc. 2019–17548 Filed 8–14–19; 8:45 am] $5 million. As required under 49 CFR BILLING CODE 4915–01–P 1150.33(h)(1), CCR has disclosed in its Clearance Clerk. verified notice that the lease agreement [FR Doc. 2019–17547 Filed 8–14–19; 8:45 am] governing the NS Line contains an BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD interchange commitment in the form of [Docket No. FD 36287] lease credits.2 CCR has provided additional information regarding the SURFACE TRANSPORTATION BOARD Cleveland & Cuyahoga Railway, LLC— interchange commitment as required by [Docket No. FD 36337] Change in Operator Exemption 49 CFR 1150.33(h). Containing Interchange Commitment— Under 49 CFR 1150.32(b), a change in Watco Holdings, Inc.—Continuance in Cleveland Commercial Railroad operators requires that notice be given Control Exemption—Savannah & Old Company, LLC to shippers. In its July 31, 2019 Fort Railroad, L.L.C. supplement, CCR states that it has Cleveland & Cuyahoga Railway, LLC Watco Holdings, Inc. (Watco), a provided notice of the proposed (CCR), a noncarrier, has filed a verified noncarrier, has filed a verified notice of transaction to all active shippers on the notice of exemption under 49 CFR exemption pursuant to 49 CFR Lines in the last two years. 1150.31 to acquire from Cleveland The earliest this transaction may be 1180.2(d)(2) to continue in control of Commercial Railroad Company, LLC consummated is August 30, 2019 (30 Savannah & Old Fort Railroad, L.L.C. (Cleveland Commercial) two lease days after the verified notice was filed).3 (SOFR), upon SOFR’s becoming a Class agreements and to operate If the verified notice contains false or III carrier. Watco owns, indirectly, approximately 35.7 miles of rail line as misleading information, the exemption 100% of the issued and outstanding follows: (1) A 10.4-mile rail line located is void ab initio. Petitions to revoke the stock of SOFR. in Cuyahoga County, Ohio, between This transaction is related to a milepost 15.5 at Falls Junction in 1 The verified notices in Docket Nos. FD 36287 concurrently filed verified notice of Glenwillow, and milepost 5.1 in and FD 36288 were initially submitted on April 1, exemption in Savannah & Old Fort Cleveland (the W&LE Line); and (2) a 2019. On April 15, 2019, CCR requested that the Railroad—Change in Operator 25.3-mile rail line located in Cuyahoga Board hold both dockets in abeyance until it could Exemption—Golden Isles Terminal complete negotiations regarding the NS Line, and and Portage Counties, Ohio, between the request was granted. On July 16, 2019, CCR Railroad, Docket No. 36336, in which milepost RH 2.2+/- in Cleveland, and notified the Board that it had completed its SOFR seeks an exemption under 49 CFR milepost RH 27.5+/- in Aurora (the NS negotiations and requested that the Board process 1150.31 to acquire from CSX Line) (collectively, the Lines). the verified notices in both dockets. On July 31, Transportation, Inc., by assignment of 2019, CCR filed a supplement clarifying that Docket The verified notice states that No. FD 36287 should be a change in operator lease, and to operate, approximately Cleveland Commercial entered into an exemption and providing the most recent version of 6.45 miles of rail line between milepost agreement with the Wheeling & Lake the lease agreement. ASO 493.3 at or near Staley Avenue and Erie Railway Company in 2004 to lease 2 A copy of the lease agreement with the milepost ASO 499.75 at the end of the and operate the W&LE Line, see interchange commitment was submitted under seal. line, in Savannah, Ga. (the Line). Upon See 49 CFR 1150.33(h)(1). Cleveland Commercial R.R.—Change in 3 The date of CCR’s supplement (July 31, 2019) consummation of the transaction in Operators Exemption—Wheeling & Lake will be considered the filing date for the purposes Finance Docket No. 36336, SOFR would Erie Ry., FD 34521 (STB served Aug. 6, of calculating the effective date of the exemption. become a Class III carrier.

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