Watco Holdings, Inc.-Continuance in Control Exemption-Swan Ranch Railroad, L.L.C., 77889-77890 [2011-32068]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
passenger services to the public
(MC–31422). Dairyland, a corporation
established under Wisconsin law, also
holds a FMCSA license (MC–170747)
and is owned by Coach USA, Inc., a
Delaware corporation and noncarrier.
The core business of both Student
Transportation and Dairyland is
transporting students to and from
school, a type of transportation not
subject to Board jurisdiction. See 49
U.S.C. 13506(a)(1). According to the
application, approximately 97 percent
of Student Transportation’s revenue is
derived from school bus services
exempt from FMCSA licensing
jurisdiction; the remaining 3 percent is
derived from incidental charter
operations that do require FMCSA
authority if they are interstate in nature.
Similarly, the application indicates that
Dairyland derives the vast majority of its
revenue from exempt school bus
transportation, with the remainder
involving incidental charter operations.
The application states that FMCSAregulated charter and special operations
have accounted for an insignificant
percentage of Student Transportation’s
and Dairyland’s total revenues.
Under the proposed transaction,
Student Transportation seeks
permission to acquire all of the shares
of Dairyland. According to the
application, the shares of Dairyland
were anticipated to be transferred on or
about November 14, 2011, from their
current owner, Coach USA, Inc., into an
independent voting trust established
under 49 CFR pt 1013—Guidelines for
the Proper Use of Voting Trusts, where
they would remain until the proposed
transaction is dismissed by Student
Transportation or disapproved by the
Board, or until Board approval is final
and effective.
Under 49 U.S.C. 14303(b), the Board
must approve and authorize a
transaction it finds consistent with the
public interest, taking into
consideration at least: (1) The effect of
the transaction on the adequacy of
transportation to the public; (2) the total
fixed charges that result; and (3) the
interest of affected carrier employees.
Student Transportation has submitted
information, as required by 49 CFR
1182.2, including the information to
demonstrate that the proposed
transaction is consistent with the public
interest under 49 U.S.C. 14303(b), and a
statement that the 12-month aggregate
gross operating revenues of Student
Transportation and Dairyland exceeded
$2 million.
Student Transportation states that the
proposed transaction will have no
significant impact on the adequacy of
transportation services available to the
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public because Student Transportation
has no intention of substantially
changing the physical operations
historically conducted by Dairyland.
With respect to fixed charges, Student
Transportation states that the proposed
transaction will reduce not only interest
costs but also a variety of other
overhead and variable costs that
Dairyland might otherwise bear.
According to Student Transportation,
the transaction will have a positive
impact on employee interests, as the
economies and efficiencies resulting
from the proposed transaction, will
directly benefit Dairyland’s employees
by maintaining job security and
retaining or expanding the volume of
available work. Additional information,
including a copy of the application, may
be obtained from Student
Transportation’s representative.
On the basis of the application, the
Board finds that the proposed
acquisition of control is consistent with
the public interest and should be
tentatively approved and authorized. If
any opposing comments are timely
filed, this finding will be deemed
vacated, and, unless a final decision can
be made on the record as developed, a
procedural schedule will be adopted to
reconsider the application. See 49 CFR
1182.6(c). If no opposing comments are
filed by the expiration of the comment
period, this notice will take effect
automatically and will be the final
Board action.
The party’s application and Board
decisions and notices are available on
our Web site at https://www.stb.dot.gov.
This decision will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
It is ordered:
1. The proposed finance transaction is
approved and authorized, subject to the
filing of opposing comments.
2. If opposing comments are timely
filed, the findings made in this notice
will be deemed as having been vacated.
3. This notice will be effective January
27, 2012, unless opposing comments are
timely filed.
4. A copy of this decision will be
served on: (1) U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590; (2)
the U.S. Department of Justice, Antitrust
Division, 10th Street & Pennsylvania
Avenue NW., Washington, DC 20530;
and (3) the U.S. Department of
Transportation, Office of the General
Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Decided: December 8, 2011.
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77889
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–32057 Filed 12–13–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35575]
Watco Holdings, Inc.—Continuance in
Control Exemption—Swan Ranch
Railroad, L.L.C.
Watco Holdings, Inc. (Watco) has filed
a verified notice of exemption pursuant
to 49 CFR 1180.2(d)(2) to continue in
control of Swan Ranch Railroad, L.L.C.
(SRR), upon SRR’s becoming a Class III
rail carrier.1
This transaction is related to a
concurrently filed verified notice of
exemption in Docket No. FD 35574,
Swan Ranch Railroad, L.L.C.—
Operation Exemption–Swan Industrial
Park, wherein SRR seeks Board
approval to operate 17,192 feet of track
located within the Swan Industrial Park,
in Cheyenne, Wyo., including Track
Numbers 101, 105, and 109.
Watco intends to consummate the
transaction on or shortly after December
28, 2011 (the effective date of this
notice).
Watco currently controls 23 Class III
rail carriers: Southern Kansas and
Oklahoma Railroad, Inc.; Palouse River
& Coulee City Railroad, L.L.C.; Timber
Rock Railroad, L.L.C.; Stillwater Central
Railroad, L.L.C.; Eastern Idaho Railroad,
L.L.C.; Kansas & Oklahoma Railroad,
L.L.C.; Pennsylvania Southwestern
Railroad, L.L.C.; Great Northwest
Railroad, L.L.C.; Kaw River Railroad,
L.L.C.; Mission Mountain Railroad,
L.L.C.; Mississippi Southern Railroad,
L.L.C.; Yellowstone Valley Railroad,
L.L.C.; Louisiana Southern Railroad,
L.L.C.; Arkansas Southern Railroad,
L.L.C.; Alabama Southern Railroad,
L.L.C.; Vicksburg Southern Railroad,
L.L.C.; Austin Western Railroad, L.L.C.;
Baton Rouge Southern Railroad, L.L.C.;
Pacific Sun Railroad, L.L.C.; Grand Elk
Railroad, Inc.; Alabama Warrior
Railway, L.L.C.; Boise Valley Railroad,
L.L.C.; and Autauga Northern Railroad,
L.L.C. The 23 Class III rail carriers
operate rail lines in 18 States.
Watco represents that: (1) The rail
lines to be operated by SRR do not
connect with any other railroads in the
1 Watco owns 100% of the outstanding
membership interests of SRR.
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
Watco corporate family; (2) the
continuance in control is not part of a
series of anticipated transactions that
would connect the rail lines to be
operated by SRR with any other railroad
in the Watco corporate family; and (3)
the transaction does not involve a Class
I rail carrier. Therefore, the transaction
is exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2).
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. Section 11326(c), however,
does not provide for labor protection for
transactions under 11324 and 11325
that involve only Class III rail carriers.
Accordingly, the Board may not impose
labor protective conditions here because
all of the carriers involved are Class III
carriers.
If the 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. Stay petitions must be
filed no later than December 21, 2011 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35575, 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, Of
Counsel, Ball Janik, LLP, Suite 225,
Fifteenth Street NW., Washington, DC
20005.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 9, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White.
Clearance Clerk,
[FR Doc. 2011–32068 Filed 12–13–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35574]
Swan Ranch Railroad, L.L.C.—
Operation Exemption—Swan Industrial
Park
Swan Ranch Railroad, L.L.C. (SRR),1 a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
operate, pursuant to an agreement with
Cheyenne Logistics Hub, LLC (CLH), all
the track located within the Swan
Industrial Park, in Cheyenne, Wyo. The
track over which SRR will operate is
approximately 17,192 feet long and
includes Track Numbers 101, 105, and
109.2
This transaction is related to a
concurrently filed verified notice of
exemption in Docket No. FD 35575,
Watco Holdings, Inc.—Continuance in
Control Exemption—Swan Ranch
Railroad, L.L.C., wherein Watco seeks
Board approval to continue in control of
SRR, upon SRR’s becoming a Class III
rail carrier.
Applicant states that the agreement
between SRR and CLH does not contain
any provision that prohibits SRR from
interchanging traffic with a third party
or limits SRR’s ability to interchange
with a third party.
The transaction may be consummated
on or after December 28, 2011 (30 days
after the notice of exemption was filed).
SRR certifies that its projected annual
revenues as a result of the transaction
will not result in SRR’s becoming a
Class II or Class I rail carrier and will
not exceed $5 million.
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. Stay petitions must be
filed by December 21, 2011 (at least 7
days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35574, 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 Karl Morell, Of Counsel,
Ball Janik LLP, Suite 225, 655 Fifteenth
Street, NW., Washington, DC 20005.
1 SRR is a wholly owned, indirect subsidiary of
Watco Holdings, Inc. (Watco).
2 According to SRR, there are no mileposts
associated with the tracks.
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Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 9, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2011–32093 Filed 12–13–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35504]
Union Pacific Railroad Company—
Petition for Declaratory Order
Surface Transportation Board.
Institution of declaratory order
proceeding; request for comments.
AGENCY:
ACTION:
In response to a petition filed
by Union Pacific Railroad Company
(UP) on April 27, 2011, the Board is
instituting a declaratory order
proceeding under 49 U.S.C. 721 and 5
U.S.C. 554(e). UP requests that the
Board issue a declaratory order to
resolve a controversy regarding the
reasonableness of the indemnification
provisions in UP’s tariff relating to
transportation of toxic by inhalation
hazardous commodities (TIH). The
Board seeks public comment on the
issues raised in this case.
DATES: Any person who wishes to
participate in this proceeding as a party
of record (POR) must file, no later than
December 27, 2011, a notice of intent to
participate. Opening evidence and
argument from all PORs is due on
January 25, 2012. Reply evidence and
argument from all PORs is due on
March 12, 2012. Rebuttal evidence and
argument from all PORs is due on
March 26, 2012.
ADDRESSES: Any filing submitted in this
proceeding must be submitted either via
the Board’s e-filing format or in the
traditional paper format. Any person
using e-filing should attach a document
and otherwise comply with the
instructions at the E-FILING link on the
Board’s Web site, at https://www.stb.dot.
gov. Any person submitting a filing in
the traditional paper format should send
an original and 10 copies (and also an
electronic version), referring to Docket
No. FD 35504, to: Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, 1 copy of each filing in this
proceeding must be sent (and may be
sent by email if service by email is
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77889-77890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32068]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35575]
Watco Holdings, Inc.--Continuance in Control Exemption--Swan
Ranch Railroad, L.L.C.
Watco Holdings, Inc. (Watco) has filed a verified notice of
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of
Swan Ranch Railroad, L.L.C. (SRR), upon SRR's becoming a Class III rail
carrier.\1\
---------------------------------------------------------------------------
\1\ Watco owns 100% of the outstanding membership interests of
SRR.
---------------------------------------------------------------------------
This transaction is related to a concurrently filed verified notice
of exemption in Docket No. FD 35574, Swan Ranch Railroad, L.L.C.--
Operation Exemption-Swan Industrial Park, wherein SRR seeks Board
approval to operate 17,192 feet of track located within the Swan
Industrial Park, in Cheyenne, Wyo., including Track Numbers 101, 105,
and 109.
Watco intends to consummate the transaction on or shortly after
December 28, 2011 (the effective date of this notice).
Watco currently controls 23 Class III rail carriers: Southern
Kansas and Oklahoma Railroad, Inc.; Palouse River & Coulee City
Railroad, L.L.C.; Timber Rock Railroad, L.L.C.; Stillwater Central
Railroad, L.L.C.; Eastern Idaho Railroad, L.L.C.; Kansas & Oklahoma
Railroad, L.L.C.; Pennsylvania Southwestern Railroad, L.L.C.; Great
Northwest Railroad, L.L.C.; Kaw River Railroad, L.L.C.; Mission
Mountain Railroad, L.L.C.; Mississippi Southern Railroad, L.L.C.;
Yellowstone Valley Railroad, L.L.C.; Louisiana Southern Railroad,
L.L.C.; Arkansas Southern Railroad, L.L.C.; Alabama Southern Railroad,
L.L.C.; Vicksburg Southern Railroad, L.L.C.; Austin Western Railroad,
L.L.C.; Baton Rouge Southern Railroad, L.L.C.; Pacific Sun Railroad,
L.L.C.; Grand Elk Railroad, Inc.; Alabama Warrior Railway, L.L.C.;
Boise Valley Railroad, L.L.C.; and Autauga Northern Railroad, L.L.C.
The 23 Class III rail carriers operate rail lines in 18 States.
Watco represents that: (1) The rail lines to be operated by SRR do
not connect with any other railroads in the
[[Page 77890]]
Watco corporate family; (2) the continuance in control is not part of a
series of anticipated transactions that would connect the rail lines to
be operated by SRR with any other railroad in the Watco corporate
family; and (3) the transaction does not involve a Class I rail
carrier. Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
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. Section 11326(c), however, does
not provide for labor protection for transactions under 11324 and 11325
that involve only Class III rail carriers. Accordingly, the Board may
not impose labor protective conditions here because all of the carriers
involved are Class III carriers.
If the 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.
Stay petitions must be filed no later than December 21, 2011 (at least
7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35575, 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, Of Counsel, Ball Janik, LLP,
Suite 225, Fifteenth Street NW., Washington, DC 20005.
Board decisions and notices are available on our Web site at https://www.stb.dot.gov.
Decided: December 9, 2011.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White.
Clearance Clerk,
[FR Doc. 2011-32068 Filed 12-13-11; 8:45 am]
BILLING CODE 4915-01-P