Federal Register/Vol. 83, No. 226/Friday, November 23, 2018
Total Page:16
File Type:pdf, Size:1020Kb
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 Pacific Railroad, 2 S.T.B. 218 (1997). Company/Western Ohio Line, Inc., R.J. Corman Railroad, LLC 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 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. VerDate Sep<11>2014 18:33 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1 amozie on DSK3GDR082PROD with NOTICES1 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. under 49 CFR 1105.6(c) and from • [FR Doc. 2018–25549 Filed 11–21–18; 8:45 am] Hand Delivery: West Building historic reporting requirements under BILLING CODE 4915–01–P Ground Floor, Room W12–140, 1200 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.