Continuance in Control Exemption-Swan Ranch Railroad
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices 77889 passenger services to the public public because Student Transportation By the Board, Chairman Elliott, Vice (MC–31422). Dairyland, a corporation has no intention of substantially Chairman Begeman, and Commissioner established under Wisconsin law, also changing the physical operations Mulvey. holds a FMCSA license (MC–170747) historically conducted by Dairyland. Jeffrey Herzig, and is owned by Coach USA, Inc., a With respect to fixed charges, Student Clearance Clerk. Delaware corporation and noncarrier. Transportation states that the proposed [FR Doc. 2011–32057 Filed 12–13–11; 8:45 am] The core business of both Student transaction will reduce not only interest BILLING CODE 4915–01–P Transportation and Dairyland is costs but also a variety of other transporting students to and from overhead and variable costs that school, a type of transportation not Dairyland might otherwise bear. DEPARTMENT OF TRANSPORTATION subject to Board jurisdiction. See 49 According to Student Transportation, U.S.C. 13506(a)(1). According to the the transaction will have a positive Surface Transportation Board application, approximately 97 percent impact on employee interests, as the [Docket No. FD 35575] of Student Transportation’s revenue is economies and efficiencies resulting derived from school bus services from the proposed transaction, will Watco Holdings, Inc.—Continuance in exempt from FMCSA licensing directly benefit Dairyland’s employees Control Exemption—Swan Ranch jurisdiction; the remaining 3 percent is by maintaining job security and Railroad, L.L.C. derived from incidental charter retaining or expanding the volume of Watco Holdings, Inc. (Watco) has filed operations that do require FMCSA available work. Additional information, a verified notice of exemption pursuant authority if they are interstate in nature. including a copy of the application, may to 49 CFR 1180.2(d)(2) to continue in Similarly, the application indicates that be obtained from Student control of Swan Ranch Railroad, L.L.C. Dairyland derives the vast majority of its Transportation’s representative. revenue from exempt school bus (SRR), upon SRR’s becoming a Class III On the basis of the application, the 1 transportation, with the remainder Board finds that the proposed rail carrier. This transaction is related to a involving incidental charter operations. acquisition of control is consistent with concurrently filed verified notice of The application states that FMCSA- the public interest and should be exemption in Docket No. FD 35574, regulated charter and special operations tentatively approved and authorized. If Swan Ranch Railroad, L.L.C.— have accounted for an insignificant any opposing comments are timely Operation Exemption–Swan Industrial percentage of Student Transportation’s filed, this finding will be deemed Park, wherein SRR seeks Board and Dairyland’s total revenues. vacated, and, unless a final decision can approval to operate 17,192 feet of track Under the proposed transaction, be made on the record as developed, a located within the Swan Industrial Park, Student Transportation seeks procedural schedule will be adopted to in Cheyenne, Wyo., including Track permission to acquire all of the shares reconsider the application. See 49 CFR Numbers 101, 105, and 109. of Dairyland. According to the 1182.6(c). If no opposing comments are Watco intends to consummate the application, the shares of Dairyland filed by the expiration of the comment transaction on or shortly after December were anticipated to be transferred on or period, this notice will take effect 28, 2011 (the effective date of this about November 14, 2011, from their automatically and will be the final notice). current owner, Coach USA, Inc., into an Board action. Watco currently controls 23 Class III independent voting trust established The party’s application and Board rail carriers: Southern Kansas and under 49 CFR pt 1013—Guidelines for decisions and notices are available on Oklahoma Railroad, Inc.; Palouse River the Proper Use of Voting Trusts, where our Web site at http://www.stb.dot.gov. & Coulee City Railroad, L.L.C.; Timber they would remain until the proposed This decision will not significantly Rock Railroad, L.L.C.; Stillwater Central transaction is dismissed by Student affect either the quality of the human Railroad, L.L.C.; Eastern Idaho Railroad, Transportation or disapproved by the environment or the conservation of Board, or until Board approval is final L.L.C.; Kansas & Oklahoma Railroad, energy resources. and effective. L.L.C.; Pennsylvania Southwestern It is ordered: Under 49 U.S.C. 14303(b), the Board Railroad, L.L.C.; Great Northwest 1. The proposed finance transaction is must approve and authorize a Railroad, L.L.C.; Kaw River Railroad, approved and authorized, subject to the transaction it finds consistent with the L.L.C.; Mission Mountain Railroad, filing of opposing comments. public interest, taking into L.L.C.; Mississippi Southern Railroad, consideration at least: (1) The effect of 2. If opposing comments are timely filed, the findings made in this notice L.L.C.; Yellowstone Valley Railroad, the transaction on the adequacy of L.L.C.; Louisiana Southern Railroad, transportation to the public; (2) the total will be deemed as having been vacated. 3. This notice will be effective January L.L.C.; Arkansas Southern Railroad, fixed charges that result; and (3) the L.L.C.; Alabama Southern Railroad, interest of affected carrier employees. 27, 2012, unless opposing comments are timely filed. L.L.C.; Vicksburg Southern Railroad, Student Transportation has submitted L.L.C.; Austin Western Railroad, L.L.C.; information, as required by 49 CFR 4. A copy of this decision will be served on: (1) U.S. Department of Baton Rouge Southern Railroad, L.L.C.; 1182.2, including the information to Pacific Sun Railroad, L.L.C.; Grand Elk demonstrate that the proposed Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Railroad, Inc.; Alabama Warrior transaction is consistent with the public Railway, L.L.C.; Boise Valley Railroad, interest under 49 U.S.C. 14303(b), and a Avenue SE., Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust L.L.C.; and Autauga Northern Railroad, statement that the 12-month aggregate L.L.C. The 23 Class III rail carriers gross operating revenues of Student Division, 10th Street & Pennsylvania Avenue NW., Washington, DC 20530; operate rail lines in 18 States. Transportation and Dairyland exceeded Watco represents that: (1) The rail $2 million. and (3) the U.S. Department of Transportation, Office of the General lines to be operated by SRR do not Student Transportation states that the connect with any other railroads in the proposed transaction will have no Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. significant impact on the adequacy of 1 Watco owns 100% of the outstanding transportation services available to the Decided: December 8, 2011. membership interests of SRR. VerDate Mar<15>2010 15:14 Dec 13, 2011 Jkt 226001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 77890 Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices Watco corporate family; (2) the DEPARTMENT OF TRANSPORTATION Board decisions and notices are continuance in control is not part of a available on our Web site at http:// series of anticipated transactions that Surface Transportation Board www.stb.dot.gov. would connect the rail lines to be Decided: December 9, 2011. operated by SRR with any other railroad [Docket No. FD 35574] By the Board. in the Watco corporate family; and (3) Swan Ranch Railroad, L.L.C.— Rachel D. Campbell, the transaction does not involve a Class Director, Office of Proceedings. I rail carrier. Therefore, the transaction Operation Exemption—Swan Industrial Park Raina White, is exempt from the prior approval Clearance Clerk. requirements of 49 U.S.C. 11323. See 49 1 Swan Ranch Railroad, L.L.C. (SRR), a [FR Doc. 2011–32093 Filed 12–13–11; 8:45 am] CFR 1180.2(d)(2). noncarrier, has filed a verified notice of BILLING CODE 4915–01–P Under 49 U.S.C. 10502(g), the Board exemption under 49 CFR 1150.31 to may not use its exemption authority to operate, pursuant to an agreement with relieve a rail carrier of its statutory Cheyenne Logistics Hub, LLC (CLH), all DEPARTMENT OF TRANSPORTATION obligation to protect the interests of its the track located within the Swan Surface Transportation Board employees. Section 11326(c), however, Industrial Park, in Cheyenne, Wyo. The does not provide for labor protection for track over which SRR will operate is [Docket No. FD 35504] transactions under 11324 and 11325 approximately 17,192 feet long and includes Track Numbers 101, 105, and that involve only Class III rail carriers. Union Pacific Railroad Company— 109.2 Accordingly, the Board may not impose Petition for Declaratory Order This transaction is related to a labor protective conditions here because concurrently filed verified notice of AGENCY: Surface Transportation Board. all of the carriers involved are Class III exemption in Docket No. FD 35575, ACTION: Institution of declaratory order carriers. Watco Holdings, Inc.—Continuance in proceeding; request for comments. If the notice contains false or Control Exemption—Swan Ranch SUMMARY: In response to a petition filed misleading information, the exemption Railroad, L.L.C., wherein Watco seeks by Union Pacific Railroad Company is void ab initio. Petitions to revoke the Board approval to continue in control of (UP) on April 27, 2011, the Board is exemption under 49 U.S.C. 10502(d) SRR, upon SRR’s becoming a Class III instituting a declaratory order may be filed at any time. The filing of rail carrier. proceeding under 49 U.S.C. 721 and 5 a petition to revoke will not Applicant states that the agreement U.S.C.