Central Texas & Colorado River Railway, LLC-Acquisition and Operation Exemption-Line of Heart of Texas Railroad, L.P., 45596 [2016-16673]

Download as PDF 45596 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices Under 49 U.S.C. 10502(g), we may not use our exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. The Board, however, is not required to impose labor protective conditions when only Class III rail carriers are involved in a transaction that falls under 49 U.S.C. 11324–25, as is the case here. 49 U.S.C. 11326(c). These transactions are categorically excluded from environmental review under 49 CFR. 1105.6(c)(2)(i) because they will not result in any significant change in carrier operations. Similarly, the transactions are exempt from the historic reporting requirements under 49 CFR. 1105.8(b)(3) because they will not substantially change the level of maintenance of railroad properties. As indicated, OmniTRAX has requested expedited action to avoid delays to critical railroad physical plant improvements. We find OmniTRAX’s request to be reasonable. We will grant the exemption and the exemption will be effective immediately. It is ordered: 1. Under 49 U.S.C. 10502, the Board exempts the above-described transactions from the prior approval requirements of 11323–25. 2. Notice will be published in the Federal Register. 3. This exemption will be effective on July 14, 2016. Decided: July 11, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016–16671 Filed 7–13–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36018] asabaliauskas on DSK3SPTVN1PROD with NOTICES Central Texas & Colorado River Railway, LLC—Acquisition and Operation Exemption—Line of Heart of Texas Railroad, L.P. Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Heart of Texas Railroad, L.P. (HTR), and to operate a line of railroad extending between Lometa, Tex., and Brady, Tex. (the Brady Line). CTCR will acquire the 67.5-mile Brady Line, which connects with a BNSF Railway Company line at milepost 0.0 in Lometa and continues to we do not need to determine whether the transaction is limited in scope. See 49 U.S.C. 10502(a). VerDate Sep<11>2014 19:33 Jul 13, 2016 Jkt 238001 the end of the track in Brady, pursuant to a purchase and sale agreement. CTCR states that HTR has operated the Brady Line since 2013 when HTR acquired the Brady Line from the bankruptcy estate of the prior owner.1 CTCR is a subsidiary of OmniTRAX Holdings Combined, Inc. (OmniTRAX). This transaction is related to a concurrently filed verified notice of exemption in OmniTRAX Holdings Combined, Inc.—Continuance in Control Exemption—Central Texas & Colorado River Railway, Docket No. FD 36019, in which OmniTRAX seeks Board approval under 49 CFR 1180.2(d)(2) to continue in control of CTCR upon CTCR’s becoming a Class III rail carrier. OmniTRAX currently controls 18 Class III rail carriers (OmniTRAX Railroads) in the United States.2 This exemption is effective July 28, 2016. CTCR certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier and does not exceed $5 million. CTCR also certifies that the purchase and sale agreement between HTR and CTCR does not involve any provision limiting CTCR’s future interchange of traffic with a third-party connecting carrier. 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 July 21, 2016 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36018, must be filed with the Surface 1 See Heart of Tex. R.R.—Acquis. & Operation Exemption—Gulf Colo. & San Saba Ry., FD 35710 (STB served Jan. 4, 2013). 2 In its verified notice filed in Docket No FD. 36019, OmniTRAX explains that in preparing the two related class exemption filings, it was discovered that OmniTRAX had acquired direct and exclusive control of the 18 OmniTRAX Railroads on December 31, 2015. It states that it inadvertently did not seek advanced authority to engage in the acquisition of control, ‘‘in part because of the preexisting close association among all of the involved carriers and their largely common short line heritage.’’ On May 5, 2016, OmniTRAX filed a petition for exemption in Docket No. FD 36032 to seek the requisite authority to acquire control of the OmniTRAX Railroads, and by decision served on May 26, 2016, the Board held the notice of exemption proceedings in abeyance pending a ruling on the petition. The Board granted the petition in a decision served July 14, 2016, and therefore is removing this proceeding from abeyance and publishing this notice. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. According to CTCR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: July 11, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2016–16673 Filed 7–13–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36019] OmniTRAX Holdings Combined, Inc.— Continuance in Control Exemption— Central Texas & Colorado River Railway, LLC OmniTRAX Holdings Combined, Inc. (OmniTRAX) has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, upon CTCR’s becoming a Class III rail carrier. CTCR is a wholly owned subsidiary of OmniTRAX. This transaction is related to a concurrently filed verified notice of exemption in Central Texas & Colorado River Railway—Acquisition & Operation Exemption—Line of Heart of Texas Railroad, Docket No. FD 36018, in which CTCR seeks Board approval under 49 CFR 1150.31 to acquire and operate a line of railroad extending 67.5 miles from Lometa, Tex., to the end of the track at Brady, Tex. (the Brady Line). OmniTRAX is a noncarrier holding company that controls 18 Class III rail carrier subsidiaries (the OmniTRAX Railroads) subject to the Board’s jurisdiction.1 This transaction will 1 In its verified notice, OmniTRAX explains that in preparing the two related class exemption filings, it was discovered that OmniTRAX had acquired direct and exclusive control of the 18 OmniTRAX Railroads on December 31, 2015. It states that it inadvertently did not seek advanced authority to engage in the acquisition of control, ‘‘in part because of the preexisting close association among all of the involved carriers and their largely common short line heritage.’’ On May 5, 2016, OmniTRAX filed a petition for exemption in Docket No. FD 36032 to seek the requisite authority to acquire control of the OmniTRAX Railroads, and by decision served on May 26, 2016, the Board held the notice of exemption proceedings in abeyance E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Page 45596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16673]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36018]


Central Texas & Colorado River Railway, LLC--Acquisition and 
Operation Exemption--Line of Heart of Texas Railroad, L.P.

    Central Texas & Colorado River Railway, LLC (CTCR), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
acquire from Heart of Texas Railroad, L.P. (HTR), and to operate a line 
of railroad extending between Lometa, Tex., and Brady, Tex. (the Brady 
Line). CTCR will acquire the 67.5-mile Brady Line, which connects with 
a BNSF Railway Company line at milepost 0.0 in Lometa and continues to 
the end of the track in Brady, pursuant to a purchase and sale 
agreement.
    CTCR states that HTR has operated the Brady Line since 2013 when 
HTR acquired the Brady Line from the bankruptcy estate of the prior 
owner.\1\
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    \1\ See Heart of Tex. R.R.--Acquis. & Operation Exemption--Gulf 
Colo. & San Saba Ry., FD 35710 (STB served Jan. 4, 2013).
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    CTCR is a subsidiary of OmniTRAX Holdings Combined, Inc. 
(OmniTRAX). This transaction is related to a concurrently filed 
verified notice of exemption in OmniTRAX Holdings Combined, Inc.--
Continuance in Control Exemption--Central Texas & Colorado River 
Railway, Docket No. FD 36019, in which OmniTRAX seeks Board approval 
under 49 CFR 1180.2(d)(2) to continue in control of CTCR upon CTCR's 
becoming a Class III rail carrier. OmniTRAX currently controls 18 Class 
III rail carriers (OmniTRAX Railroads) in the United States.\2\
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    \2\ In its verified notice filed in Docket No FD. 36019, 
OmniTRAX explains that in preparing the two related class exemption 
filings, it was discovered that OmniTRAX had acquired direct and 
exclusive control of the 18 OmniTRAX Railroads on December 31, 2015. 
It states that it inadvertently did not seek advanced authority to 
engage in the acquisition of control, ``in part because of the 
preexisting close association among all of the involved carriers and 
their largely common short line heritage.'' On May 5, 2016, OmniTRAX 
filed a petition for exemption in Docket No. FD 36032 to seek the 
requisite authority to acquire control of the OmniTRAX Railroads, 
and by decision served on May 26, 2016, the Board held the notice of 
exemption proceedings in abeyance pending a ruling on the petition. 
The Board granted the petition in a decision served July 14, 2016, 
and therefore is removing this proceeding from abeyance and 
publishing this notice.
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    This exemption is effective July 28, 2016.
    CTCR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier and does not exceed $5 million. CTCR also certifies that 
the purchase and sale agreement between HTR and CTCR does not involve 
any provision limiting CTCR's future interchange of traffic with a 
third-party connecting carrier.
    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 July 21, 2016 
(at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36018, 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 William C. Sippel, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606.
    According to CTCR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: July 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-16673 Filed 7-13-16; 8:45 am]
 BILLING CODE 4915-01-P