Regional Rail Holdings, LLC-Acquisition of Control Exemption-Regional Rail, LLC, 47557 [2015-19492]

Download as PDF Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices Standard No. 114 Theft Protection: Reprogramming of the instrument cluster. A description of the reprogramming will accompany the vehicle conformity package. Standard No. 225 Child Restraint Anchorage Systems: Installation of U.S.model child restraint anchorage system components including lateral rear window plates and brackets for belt coupler with covers. Standard No. 301 Fuel System Integrity: The inspected vehicle was found to be equipped with conforming components, however each vehicle must be inspected for the presence of U.S.model multifunction valve and tank ventilation valve. Vehicles without these U.S.-model valves must have them installed. Standard No. 401 Interior Trunk Release: Installation of trunk release system components to ensure that the system, as modified, is identical to the U.S.-model system. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicle near the left windshield pillar to meet the requirements of 49 CFR part 565. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Issued on: July 31, 2015. Coleman R. Sachs, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–19470 Filed 8–6–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 47557 Decided: August 4, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. carriers, East Penn Railroad, LLC, Middletown & New Jersey Railroad, LLC, and Tyburn Railroad LLC. The transaction is expected to be consummated on or after August 22, 2015, the effective date of the exemption.1 Applicants state that: (i) The railroads will not connect with each other or any railroad in their corporate family; (ii) the subject acquisition of control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (iii) 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). 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 sections 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 to stay must be filed no later than August 15, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings referring to Docket No. FD 35945, 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 Mary Anne Mason, Crowell & Moring LLP, 1001 Pennsylvania Ave. NW., Washington, DC 20004. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Nebraska, Kansas & Colorado Railway, L.L.C. (NKCR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments to abandon 57.31 miles of rail line between (1) milepost 3.35 near Orleans, Neb., and milepost 29.84 at Almena, Kan.; (2) milepost 47.23 at Reager, Kan., and milepost 78.05 at Oberlin, Kan.; and (3) the Norton Spur in Norton, Kan.1 NKCR also seeks to discontinue overhead trackage rights over a 17.7-mile line of railroad owned by Kyle Railroad between milepost 29.6 at Almena and milepost 47.3 at Oronoque Junction, Kan. NKCR acquired the trackage rights by assignment from Burlington Northern Railroad Company. Neb., Kan. & Colo. Railnet—Acquis. & Operation Exemption—Lines of Burlington N. R.R., FD 33314, slip op. at 2 (STB served Dec. 24, 1996). The lines traverse United States Postal Service Zip Codes 68966, 67622, 67647, 67654, 67749 and 67653. NKCR has certified that: (1) No local traffic has moved over the lines for at least two years; (2) any overhead traffic could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the lines (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the lines either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1 In its verified notice, Regional Holdings requests expedited consideration to minimize potential disruption to its business as a result of the change in majority ownership due to its acquisition of Regional Rail. However, to permit the exemption to become effective before the scheduled 30-day consummation date, a party must file a separate petition for partial waiver of 49 CFR 1150.32(b), including its supporting rationale, which would be decided by the entire Board. See The Great Lake Port Corp. d/b/a Grand River Ry.—Acquis. & Operation Exemption—CSX Transp., Inc., FD 35888 (STB served Dec. 24, 2014). 1 The notice was originally filed on June 12, 2015, and was supplemented on June 23 and 29, 2015. In the June 29, 2015 supplement, NKCR certifies that an Environmental Report and a transmittal letter were mailed, on June 29, 2015, to the National Geodetic Survey (NGS), as required by 49 CFR 1105.7 and 1105. 11. Because those documents were required to be served on NGS at least 20 days prior to filing the notice of exemption, see 49 CFR 1105.7(b)(1), service and publication of this notice has been delayed to account for the 20 days of advanced notice that NGS should have received, and deadlines have been adjusted accordingly. [FR Doc. 2015–19492 Filed 8–6–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1032X] Nebraska, Kansas & Colorado Railway, L.L.C.—Abandonment Exemption—in Decatur, Norton, and Phillips Counties, Kan., and Harlan County, Neb. tkelley on DSK3SPTVN1PROD with NOTICES [Docket No. FD 35945] Regional Rail Holdings, LLC— Acquisition of Control Exemption— Regional Rail, LLC Regional Rail Holdings, LLC (Regional Holdings), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Regional Rail, LLC (Regional Rail), a holding company for three Class III rail VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19492]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35945]


Regional Rail Holdings, LLC--Acquisition of Control Exemption--
Regional Rail, LLC

    Regional Rail Holdings, LLC (Regional Holdings), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
acquire control of Regional Rail, LLC (Regional Rail), a holding 
company for three Class III rail carriers, East Penn Railroad, LLC, 
Middletown & New Jersey Railroad, LLC, and Tyburn Railroad LLC.
    The transaction is expected to be consummated on or after August 
22, 2015, the effective date of the exemption.\1\
---------------------------------------------------------------------------

    \1\ In its verified notice, Regional Holdings requests expedited 
consideration to minimize potential disruption to its business as a 
result of the change in majority ownership due to its acquisition of 
Regional Rail. However, to permit the exemption to become effective 
before the scheduled 30-day consummation date, a party must file a 
separate petition for partial waiver of 49 CFR 1150.32(b), including 
its supporting rationale, which would be decided by the entire 
Board. See The Great Lake Port Corp. d/b/a Grand River Ry.--Acquis. 
& Operation Exemption--CSX Transp., Inc., FD 35888 (STB served Dec. 
24, 2014).
---------------------------------------------------------------------------

    Applicants state that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) the subject 
acquisition of control is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroad in their corporate family; and (iii) 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).
    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 sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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 to stay must be filed no later than August 15, 
2015 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings referring to Docket No. 
FD 35945, 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 Mary Anne Mason, Crowell & Moring LLP, 1001 
Pennsylvania Ave. NW., Washington, DC 20004.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: August 4, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-19492 Filed 8-6-15; 8:45 am]
BILLING CODE 4915-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.