Watco Holdings, Inc.-Continuance in Control Exemption-Lubbock and Western Railway, L.L.C., 32203 [2015-13794]

Download as PDF Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3506(c)(2)(A) of the PRA, Federal agencies are required, prior to submitting a collection to OMB for approval, to provide a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: June 1, 2015. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–13705 Filed 6–4–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35933] asabaliauskas on DSK5VPTVN1PROD with NOTICES Watco Holdings, Inc.—Continuance in Control Exemption—Lubbock and Western Railway, L.L.C. Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Lubbock and Western Railway, L.L.C. (LWR), upon LWR’s becoming a Class III rail carrier. Watco owns, indirectly, 100 percent of the issued and outstanding stock of LWR, a limited liability company. This transaction is related to a concurrently filed verified notice of exemption in Lubbock & Western Railway—Acquisition & Operation Exemption—West Texas & Lubbock Railway, Docket No. FD 35932, wherein LWR seeks Board approval (1) to acquire and operate approximately 9.5 miles of rail line and to lease approximately 134.75 miles of rail line from West Texas and Lubbock Railway Company, Inc., and West Texas and Lubbock Railroad Company, Inc. (WTLR), between specified points in Texas; and (2) to acquire by assignment approximately 5 miles of trackage rights that WTLR currently has over BNSF Railway Company’s line between Canyon Jct., and Broadview, Tex. The transaction may be consummated on or after June 20, 2015, the effective date of the exemption (30 days after the notice of exemption was filed). Watco is a Kansas corporation that currently controls, indirectly, 30 Class III rail carriers and one Class II rail carrier, collectively operating in 22 states. For a complete list of these rail carriers, and the states in which they VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 operate, see Watco’s notice of exemption filed on May 21, 2015. The notice is available on the Board’s Web site at ‘‘www.stb.dot.gov.’’ Watco represents that: (1) The rail lines to be operated by LWR do not connect with any of the rail lines operated by the carriers in the Watco corporate family; (2) the continuance in control is not a part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Watco states that the purpose of the transaction is to reduce overhead expenses, coordinate billing, maintenance, mechanical, and personnel policies and practices 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 by June 12, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35933, 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, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: June 2, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–13794 Filed 6–4–15; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 32203 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35930] Texas New Mexico Railway, L.L.C.— Acquisition and Operation Exemption—Austin & Northwestern Railroad Company, Inc. Texas New Mexico Railway, L.L.C. (TNMR),1 a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Austin & Northwestern Railway Company, Inc. (ANR), and to operate, approximately 104.191 miles of rail line between milepost 0.079 at Monahans, Tex., and milepost 104.27 at Lovington, NM. This transaction is related to a concurrently filed verified notice of exemption in Watco Holdings, Inc.— Continuance in Control Exemption— Texas New Mexico Railway, Docket No. FD 35931, wherein Watco Holdings, Inc., seeks Board approval under 49 CFR 1180.2(d)(2) to continue in control of TNMR, upon TNMR’s becoming a Class III rail carrier. TNMR states that the agreement between TNMR and ANR does not contain any provision that prohibits TNMR from interchanging traffic with a third party or limits TNMR’s ability to interchange with a third party. The transaction is expected to be consummated on or after the effective date of the exemption. TNMR has certified that this transaction will not result in TNMR’s becoming a Class II or Class I rail carrier. Because TNMR’s projected annual revenues will exceed $5 million, TNMR certified to the Board on May 19, 2015, that it had complied with the requirements of 49 CFR 1150.32(e) on May 18, 2015, by providing notice to employees on the affected line.2 Under 49 CFR 1150.32(e), this exemption cannot become effective until 60 days after the requirements of that section have been satisfied (here, July 18, 2015). 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. Petitions for stay must be filed no later than July 10, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 1 TNMR is a new, wholly owned, subsidiary of Watco Holdings, Inc. 2 In its May 19 letter to the Board, TNMR stated that there are no union employees at ANR. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Page 32203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13794]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35933]


Watco Holdings, Inc.--Continuance in Control Exemption--Lubbock 
and Western Railway, L.L.C.

    Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Lubbock and Western Railway, L.L.C. (LWR), upon LWR's 
becoming a Class III rail carrier. Watco owns, indirectly, 100 percent 
of the issued and outstanding stock of LWR, a limited liability 
company.
    This transaction is related to a concurrently filed verified notice 
of exemption in Lubbock & Western Railway--Acquisition & Operation 
Exemption--West Texas & Lubbock Railway, Docket No. FD 35932, wherein 
LWR seeks Board approval (1) to acquire and operate approximately 9.5 
miles of rail line and to lease approximately 134.75 miles of rail line 
from West Texas and Lubbock Railway Company, Inc., and West Texas and 
Lubbock Railroad Company, Inc. (WTLR), between specified points in 
Texas; and (2) to acquire by assignment approximately 5 miles of 
trackage rights that WTLR currently has over BNSF Railway Company's 
line between Canyon Jct., and Broadview, Tex.
    The transaction may be consummated on or after June 20, 2015, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    Watco is a Kansas corporation that currently controls, indirectly, 
30 Class III rail carriers and one Class II rail carrier, collectively 
operating in 22 states. For a complete list of these rail carriers, and 
the states in which they operate, see Watco's notice of exemption filed 
on May 21, 2015. The notice is available on the Board's Web site at 
``www.stb.dot.gov.''
    Watco represents that: (1) The rail lines to be operated by LWR do 
not connect with any of the rail lines operated by the carriers in the 
Watco corporate family; (2) the continuance in control is not a part of 
a series of anticipated transactions that would result in such a 
connection; and (3) the transaction does not involve a Class I carrier. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Watco states that the purpose of the transaction is to reduce 
overhead expenses, coordinate billing, maintenance, mechanical, and 
personnel policies and practices 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 by June 12, 2015 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35933, 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, 655 Fifteenth Street NW., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: June 2, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-13794 Filed 6-4-15; 8:45 am]
 BILLING CODE 4915-01-P