West Belt Railway LLC-Lease and Operation Exemption Including Interchange Commitment-Terminal Railroad Association of St. Louis, 68900 [2015-28334]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 68900 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices WBRY is owned by Devco. Devco is owned by SteelRiver. Devco and SRTH do not control any carriers. SteelRiver is owned by a diverse group of U.S. and foreign pension funds, insurance companies, and other investors. SteelRiver controls PRC Funding LLC, a noncarrier, which controls Patriot Funding LLC, a noncarrier, which controls PRC Holdings LLC, a noncarrier, which controls PRC Midco LLC, a noncarrier, which controls Patriot Rail Company LLC, (Patriot), a noncarrier. Patriot controls 13 Class III railroads. For a complete list of these rail carriers, and the states in which they operate, see the notice of exemption filed on October 22, 2015, in this proceeding. The notice is available on the Board’s Web site at WWW.STB.DOT.GOV. The notice therefore seeks exemption for Devco and SRTH to continue in control of WBRY, and for SteelRiver to continue indirect control of WBRY when WBRY becomes a Class III rail carrier. Applicants state that: (1) WBRY does not connect with any of the rail carriers controlled by Patriot; (2) the proposed transaction is not part of a series of anticipated transactions that would connect WBRY with each other or with any rail carriers controlled by Patriot; and (3) the proposed transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2). Applicants state that the proposed transaction is intended to promote the investment objectives of Applicants and to improve the efficiency, financial strength, and ability of WBRY to meet the needs of shippers. 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 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 by November 13, 2015 (at least seven days before the exemption becomes effective). VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 An original and 10 copies of all pleadings, referring to Docket No. FD 35973 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: Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at: WWW.STB.DOT.GOV. Decided: November 3, 2015. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2015–28335 Filed 11–5–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35972] West Belt Railway LLC—Lease and Operation Exemption Including Interchange Commitment—Terminal Railroad Association of St. Louis West Belt Railway LLC (WBRY), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Terminal Railroad Association of St. Louis, and to operate, approximately 9.66 miles of rail line consisting of the following two segments: (1) The West Belt Industry Lead (WBIL), from milepost 1.07 at Adelaide Avenue to the end of the track at milepost 9.54; and (2) the Central Belt Industrial Lead, from the point of connection with the WBIL at milepost 9.54 to the end of the track, all located in the City of St. Louis, St. Louis County, Mo., pursuant to a Lease Agreement (Agreement) dated October 14, 2015.1 This transaction is related to a concurrently filed verified notice of exemption in SteelRiver Infrastructure Fund North America LP; SteelRiver Devco Holdings; & SR Transportation HoldingsÐContinuance in Control ExemptionÐWest Belt Railway LLC, Docket No. FD 35973, in which SteelRiver Infrastructure Fund North 1 WBRY filed a confidential, complete version of the Agreement with its notice of exemption to be kept confidential by the Board under 49 CFR 1104.14(a) without need for the filing of an accompanying motion for protective order under 49 CFR 1104.14(b). In a letter filed on October 23, 2015, WBRY submits the correct list of shippers in the response to 49 CFR 1150.33(h)(iii) that was incorrectly shown in its verified notice of exemption filed on October 22, 2015. PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 America LP, SteelRiver Devco Holdings LLC, and SR Transportation Holdings LLC seek Board approval to continue in control of WBRY under 49 CFR 1180.2(d)(2), upon WBRY’s becoming a Class III rail carrier. WBRY certifies that the proposed lease and operation involves a provision in the Agreement that may limit future interchange with a third party connecting carrier (interchange commitment). As required under 49 CFR 1150.43(h)(1), WBRY has disclosed in its verified notice that the subject Agreement contains an interchange commitment that affects the interchange point in Rock Island Junction in the City of St. Louis. In addition, WBRY has provided additional information regarding the interchange commitment. WBRY also certifies that the projected annual revenues do not exceed those that would qualify it as a Class III rail carrier and would not exceed $5 million. The proposed transaction may be consummated on November 21, 2015, the effective date of the exemption (30 days after the verified notice of exemption was filed). 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 by November 13, 2015 (at least seven days prior to the date the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35972, 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 applicant’s representative, Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: November 3, 2015. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2015–28334 Filed 11–5–15; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\06NON1.SGM 06NON1

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[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Page 68900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28334]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35972]


West Belt Railway LLC--Lease and Operation Exemption Including 
Interchange Commitment--Terminal Railroad Association of St. Louis

    West Belt Railway LLC (WBRY), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to lease from Terminal 
Railroad Association of St. Louis, and to operate, approximately 9.66 
miles of rail line consisting of the following two segments: (1) The 
West Belt Industry Lead (WBIL), from milepost 1.07 at Adelaide Avenue 
to the end of the track at milepost 9.54; and (2) the Central Belt 
Industrial Lead, from the point of connection with the WBIL at milepost 
9.54 to the end of the track, all located in the City of St. Louis, St. 
Louis County, Mo., pursuant to a Lease Agreement (Agreement) dated 
October 14, 2015.\1\
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    \1\ WBRY filed a confidential, complete version of the Agreement 
with its notice of exemption to be kept confidential by the Board 
under 49 CFR 1104.14(a) without need for the filing of an 
accompanying motion for protective order under 49 CFR 1104.14(b). In 
a letter filed on October 23, 2015, WBRY submits the correct list of 
shippers in the response to 49 CFR 1150.33(h)(iii) that was 
incorrectly shown in its verified notice of exemption filed on 
October 22, 2015.
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    This transaction is related to a concurrently filed verified notice 
of exemption in SteelRiver Infrastructure Fund North America LP; 
SteelRiver Devco Holdings; & SR Transportation Holdings--Continuance in 
Control Exemption--West Belt Railway LLC, Docket No. FD 35973, in which 
SteelRiver Infrastructure Fund North America LP, SteelRiver Devco 
Holdings LLC, and SR Transportation Holdings LLC seek Board approval to 
continue in control of WBRY under 49 CFR 1180.2(d)(2), upon WBRY's 
becoming a Class III rail carrier.
    WBRY certifies that the proposed lease and operation involves a 
provision in the Agreement that may limit future interchange with a 
third party connecting carrier (interchange commitment). As required 
under 49 CFR 1150.43(h)(1), WBRY has disclosed in its verified notice 
that the subject Agreement contains an interchange commitment that 
affects the interchange point in Rock Island Junction in the City of 
St. Louis. In addition, WBRY has provided additional information 
regarding the interchange commitment.
    WBRY also certifies that the projected annual revenues do not 
exceed those that would qualify it as a Class III rail carrier and 
would not exceed $5 million.
    The proposed transaction may be consummated on November 21, 2015, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed). 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 by 
November 13, 2015 (at least seven days prior to the date the exemption 
becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35972, 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 applicant's representative, Thomas F. 
McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 
1890, Chicago, IL 60604.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: November 3, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-28334 Filed 11-5-15; 8:45 am]
 BILLING CODE 4915-01-P