David L. Durbano, Wyoming and Colorado Railroad Company, Inc., and Saratoga Railroad, LLC-Corporate Family Transaction, 9107-9108 [2017-02220]
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Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
The applicants certify that: (1) The
carriers that are the subject of this notice
do not connect with each other; (2) that
this transaction is not part of a series of
anticipated transactions that would
connect these rail carriers with each
other; and (3) the transaction does not
involve a Class I 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).
The earliest the transaction could be
consummated is February 16, 2017, the
effective date of the exemption (30 days
after the verified notice of exemption
was filed). The parties expect to
consummate the transaction on or about
February 17, 2017.
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 February 9, 2017 (at least seven
days before the exemption becomes
effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36087, 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: John D. Heffner,
Strasburger & Price, LLP, 1025
Connecticut Ave. NW., Suite 717,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at
WWW.STB.GOV.
Decided: January 30, 2017.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017–02227 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
of, and for Continental to manage, the following
Class III rail carriers: Cimarron Valley Railroad,
L.C., Clarksdale Arizona Central Railroad, L.C., and
Wyoming and Colorado Railroad Company, Inc.
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16:31 Feb 01, 2017
Jkt 241001
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36067]
New Orleans Public Belt Railroad—
Temporary Trackage Rights
Exemption—Illinois Central Railroad
Company
On January 12, 2017, New Orleans
Public Belt Railroad (NOPB), a Class III
rail carrier, filed a request under 49 CFR
1180.2(d)(8) for a one-year extension of
temporary overhead trackage rights over
a line of railroad of the Illinois Central
Railroad Company (IC), over two
segments of IC’s rail lines as follows: (1)
IC’s McComb Subdivision, between IC’s
connection with the Kansas City
Southern Railway Company (KCS) at or
near IC milepost 906.4 at East Bridge
Junction in Shrewsbury, La., and IC
milepost 900.8 at Orleans Junction in
New Orleans, La. (approximately 5.6
miles); and (2) IC’s Baton Rough
Subdivision, between IC milepost 444.2
at Orleans Junction and IC milepost
443.5 at Frellsen Junction in New
Orleans, La. (approximately 0.7 miles),
for a total distance of approximately 6.3
miles (the Line).
NOPB was authorized to acquire the
temporary overhead trackage rights over
the Line by notice of exemption served
and published in the Federal Register
on October 14, 2016 (81 FR 71,161).
According to NOPB, the temporary
trackage rights permit it to interchange
traffic with the Kansas City Southern
Railway Company (KCS) on KCS
trackage in New Orleans on a trial basis.
Under 49 CFR 1180.2(d)(8), the
parties may, prior to the expiration of
the temporary trackage rights, file a
request for a renewal of the temporary
rights for an additional period of up to
one year, including the reasons for the
extension. NOPB states that the
temporary trackage rights are scheduled
to expire on January 31, 2017. NOPB
further states that the initial operations
have been successful, and NOPB and IC
have agreed to extend the rights for an
additional year, to January 31, 2018, to
confirm the longer-term feasibility of
operations.
NOPB filed a copy of the amendment
to the temporary trackage rights
agreement with its request for the oneyear extension. NOPB also
acknowledges that any further extension
of these rights, or a conversion of the
rights from temporary to permanent,
would require a separate notice of
exemption filing pursuant to 49 CFR
1180.4(g).
In accordance with 49 CFR
1180.2(d)(8), NOPB’s temporary
trackage rights over the Line will be
extended for one year and will expire on
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9107
January 31, 2018. The employee
protective conditions imposed in the
October 14, 2016 notice remain in effect.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.GOV.’’
Decided: January 27, 2017.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017–02217 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36091]
David L. Durbano, Wyoming and
Colorado Railroad Company, Inc., and
Saratoga Railroad, LLC—Corporate
Family Transaction
David L. Durbano (Durbano), an
individual, Saratoga Railroad, LLC
(Saratoga), a noncarrier corporation
wholly owned by Durbano, and
Wyoming and Colorado Railroad
Company, Inc. (WYCO), a Class III rail
carrier controlled by Durbano,1
(collectively, the Parties) have filed a
verified notice of exemption under 49
CFR 1180.2(d)(3) for a corporate family
transaction in which: (1) Saratoga will
acquire from WYCO and operate an
approximately 23.71-mile rail line
between milepost 0.57 at Walcott and
milepost 24.28 at Saratoga in Carbon
County, Wyo. (the EB Line); and (2)
Durbano will continue in control of
Saratoga when it becomes a Class III rail
carrier, upon Saratoga’s acquisition of
the EB line, while remaining in control
of WYCO and Durbano’s three other
Class III rail carriers: Southwestern
Railroad, Inc. (SWRR), Cimarron Valley
1 Durbano has controlled WYCO since WYCO
acquired a 131.52-mile line from Union Pacific
Railroad Company (UP) in 1987. See Wyo. & Colo.
R.R.—Acquis. & Operation Exemption—Certain
Lines of Union Pac. R.R., FD 31140 (ICC served
Nov. 30, 1987) (1987 Acquisition). The line being
acquired by Saratoga was part of the l987
Acquisition and is known as Encampment Branch
or the EB Line. The remainder of the former UP line
acquired in the 1987 Acquisition has either been
abandoned or sold through a series of proceedings.
See Wyo. & Colo. R.R.—Aban. Exemption—in
Jackson Cty., Colo., AB 307 (Sub-No. 1X) (ICC
served June 25, 1990); Wyo. & Colo. R.R.—Aban.
Exemption—in Jackson Cty., Colo., AB 307 (Sub-No.
2X) (ICC served May 19, 1995 and Sept. 15, 1995);
Wyo. & Colo. R.R.—Aban. Exemption—in Albany
Cty., Wyo., AB 307 (Sub-No. 3X) (STB served Sept.
16, 1996, as modified by subsequent decisions
served on May 16, 2003, and December 31, 2003;)
Wyo. & Colo. R.R.—Aban. Exemption—in Albany
Cty., Wyo., AB 307 (Sub-No. 4X) (STB served Oct.
10, 2003, as modified by subsequent decisions
served on Nov. 10, 2003, and Feb. 27, 2009).
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Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
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Railroad, L.C. (CVR), and Clarkdale
Arizona Central Railroad, L.C. (CACR).
According to the Parties, Durbano,
individually and through his control
and ownership of Western Group and
Snowy Range Cattle Company, both
noncarrier holding companies, currently
owns and controls WYCO, SWRR, CVR
and CACR.2 WYCO operates in Oregon
doing business as the Oregon Eastern
Railroad. WYCO owns but does not
operate the EB Line in Wyoming.3
SWRR operates in New Mexico; CVR
operates in Kansas, Oklahoma, and
Colorado; and CACR operates in
Arizona. The Parties state that, because
Durbano owns and controls all four rail
carriers, Durbano has not entered into
any agreements or written instruments
to undertake the proposed transaction.
The Parties state that the purpose of
this transaction is to undertake a
corporate reorganization for the
eventual purpose of selling certain
assets or stock of various Durbanocontrolled railroad companies, except
for Saratoga.4 Saratoga certifies that its
annual revenues as a result of this
transaction will not exceed those that
would qualify it as a Class III rail carrier
and will not exceed $5 million.
Unless stayed, the exemption will be
effective on February 16, 2017 (30 days
after the verified notice was filed).
This is a transaction within a
corporate family of the type specifically
exempted from prior review and
approval under 49 CFR 1180.2(d)(3).
The Parties state that the transaction
will not result in adverse changes in
service levels, significant operational
changes, or a change in the competitive
balance with carriers outside the
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. Section 11326(c), however,
2 Mr. Durbano also owns, and Western Group
manages, Verde Canyon Railroad, LLC, an intrastate
passenger excursion railroad not subject to the
Board’s jurisdiction.
3 The EB Line was authorized for abandonment in
2006 and the Parties state that the tracks, ties, and
other track materials were salvaged. See Wyo. &
Colo. R.R.—Aban. Exemption—in Carbon Cty.,
Wyo., AB 307 (Sub-No. 6X) (STB served May 31,
2006). The Parties state that, for a number of
reasons, WYCO never consummated the
abandonment of the EB Line and never filed a
notice of consummation. As a result, WYCO’s
abandonment authority expired and the corridor
remains a line of railroad subject to the Board’s
jurisdiction.
4 See W. Branch & Cont’l Rail—Acquis. of Control
Exemption—Cimarron Valley R.R., Docket No. FD
36084; N.M. Cent. R.R.—Acquis. & Operation
Exemption—Sw. R.R., Whitewater Div., Docket No.
FD 36085; and W. Branch Intermediate Holdings &
Cont’l Rail—Continuance in Control Exemption—
N.M. Cent. R.R., Docket No. FD 36087.
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16:31 Feb 01, 2017
Jkt 241001
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 rail 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. Petitions for stay must
be filed no later than February 9, 2017
(at least seven days before the
exemption becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
36091, 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 William A. Mullins,
Baker & Miller PLLC, 2401 Pennsylvania
Ave. NW., Suite 300, Washington, DC
20037.
According to the Parties, 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.GOV.’’
Decided: January 30, 2017.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017–02220 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36085]
New Mexico Central Railroad, LLC—
Acquisition and Operation
Exemption—Southwestern Railroad,
Inc., Whitewater Division
New Mexico Central Railroad, LLC
(NMCR),1 a noncarrier, has filed a
verified notice of exemption under 49
CFR 1150.31 to acquire and operate
certain lines of railroad in New Mexico
(the Lines) collectively referred to as the
Whitewater Division, currently operated
and owned or leased by Southwestern
Railroad, Inc. (Southwestern). In
particular, NMRC will acquire
1 NMCR is a newly established entity owned by
West Branch Intermediate Holdings, LLC (West
Branch), and managed by Continental Rail LLC
(Continental). West Branch currently controls an
existing Class III carrier, Delta Southern Railroad,
Inc. (Delta).
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Southwestern’s leasehold interest in a
line between Deming (MP 1134) and
Rincon (MP 1080) and ownership
interest in lines: Between Deming (MP
0.0) and Peruhill (MP 5+3,763 feet);
between Peruhill (MP 5+3,763 feet) and
Whitewater (MP 30+2,972 feet); between
Whitewater (near MP 30+2,972 feet) and
the Tyrone Industrial Spur at Burro
Mountain Jct. (near MP 33+5,256 feet);
between Whitewater (MP 0+0750 feet)
and Santa Rita (MP 16+1,500 feet); and
between Hannover, Jct. (MP 14+1,345.4
feet) and the connection line at the
Fierro Industrial Spur at the Sharon
Steel Plant (near MP 6+1,804 feet). The
total Southwestern mileage NMCR will
acquire (by purchase or lease) and
operate is approximately 116 miles.2
On the same day NMCR filed its
verified notice of exemption, West
Branch and Continental also filed a
verified notice of exemption in West
Branch Intermediate Holdings &
Continental Rail—Continuance in
Control Exemption—New Mexico
Central Railroad, Docket No. FD 36087,
for West Branch to acquire and for
Continental to manage NMCR upon
NMCR’s becoming a Class III carrier.3
NMCR has executed a letter of intent
for it to purchase the Lines. NMCR and
Southwestern are currently negotiating a
purchase and sale agreement governing
the purchase of the Lines as well as
certain other assets. The parties expect
to reach an agreement shortly, which
NMCR states will not contain an
interchange agreement.
NMCR certifies that its projected
annual revenues resulting from the
transaction will not result in its
becoming a Class I or Class II rail
carrier. NMCR notes, however, that its
annual operating revenues will exceed
$5 million. Accordingly, in compliance
with 49 CFR 1150.32(e), NMCR
submitted a letter on December 16,
2016, certifying that it posted the
required 60-day labor notice of this
transaction at the Southwestern
employees’ workplace at Deming.
NMCR states that the notice was not
served on the national offices of labor
unions with employees who work on
2 Southwestern also leases and operates a BNSF
Railway Company (BNSF) line known as the
Carlsbad Division, which consists of approximately
227.6 miles of railroad linking Clovis, Carlsbad, and
Loving, N.M. Southwestern recently petitioned for
an exemption to discontinue service over the
Carlsbad Division. See Sw. R.R.—Discontinuance of
Serv. Exemption—in Curry, Roosevelt, Chaves &
Eddy Ctys., N.M., AB 1251X (filed Jan. 17, 2017).
3 In Docket No. FD 36084, West Branch and
Continental have invoked the class exemption at 49
CFR 1180.2(d)(2) for West Branch to acquire control
and for Continental to manage the following Class
III rail carriers: Cimarron Valley Railroad, L.C.,
Clarksdale Arizona Central Railroad, L.C., and
Wyoming and Colorado Railroad Company, Inc.
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Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9107-9108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02220]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36091]
David L. Durbano, Wyoming and Colorado Railroad Company, Inc.,
and Saratoga Railroad, LLC--Corporate Family Transaction
David L. Durbano (Durbano), an individual, Saratoga Railroad, LLC
(Saratoga), a noncarrier corporation wholly owned by Durbano, and
Wyoming and Colorado Railroad Company, Inc. (WYCO), a Class III rail
carrier controlled by Durbano,\1\ (collectively, the Parties) have
filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a
corporate family transaction in which: (1) Saratoga will acquire from
WYCO and operate an approximately 23.71-mile rail line between milepost
0.57 at Walcott and milepost 24.28 at Saratoga in Carbon County, Wyo.
(the EB Line); and (2) Durbano will continue in control of Saratoga
when it becomes a Class III rail carrier, upon Saratoga's acquisition
of the EB line, while remaining in control of WYCO and Durbano's three
other Class III rail carriers: Southwestern Railroad, Inc. (SWRR),
Cimarron Valley
[[Page 9108]]
Railroad, L.C. (CVR), and Clarkdale Arizona Central Railroad, L.C.
(CACR).
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\1\ Durbano has controlled WYCO since WYCO acquired a 131.52-
mile line from Union Pacific Railroad Company (UP) in 1987. See Wyo.
& Colo. R.R.--Acquis. & Operation Exemption--Certain Lines of Union
Pac. R.R., FD 31140 (ICC served Nov. 30, 1987) (1987 Acquisition).
The line being acquired by Saratoga was part of the l987 Acquisition
and is known as Encampment Branch or the EB Line. The remainder of
the former UP line acquired in the 1987 Acquisition has either been
abandoned or sold through a series of proceedings. See Wyo. & Colo.
R.R.--Aban. Exemption--in Jackson Cty., Colo., AB 307 (Sub-No. 1X)
(ICC served June 25, 1990); Wyo. & Colo. R.R.--Aban. Exemption--in
Jackson Cty., Colo., AB 307 (Sub-No. 2X) (ICC served May 19, 1995
and Sept. 15, 1995); Wyo. & Colo. R.R.--Aban. Exemption--in Albany
Cty., Wyo., AB 307 (Sub-No. 3X) (STB served Sept. 16, 1996, as
modified by subsequent decisions served on May 16, 2003, and
December 31, 2003;) Wyo. & Colo. R.R.--Aban. Exemption--in Albany
Cty., Wyo., AB 307 (Sub-No. 4X) (STB served Oct. 10, 2003, as
modified by subsequent decisions served on Nov. 10, 2003, and Feb.
27, 2009).
---------------------------------------------------------------------------
According to the Parties, Durbano, individually and through his
control and ownership of Western Group and Snowy Range Cattle Company,
both noncarrier holding companies, currently owns and controls WYCO,
SWRR, CVR and CACR.\2\ WYCO operates in Oregon doing business as the
Oregon Eastern Railroad. WYCO owns but does not operate the EB Line in
Wyoming.\3\ SWRR operates in New Mexico; CVR operates in Kansas,
Oklahoma, and Colorado; and CACR operates in Arizona. The Parties state
that, because Durbano owns and controls all four rail carriers, Durbano
has not entered into any agreements or written instruments to undertake
the proposed transaction.
---------------------------------------------------------------------------
\2\ Mr. Durbano also owns, and Western Group manages, Verde
Canyon Railroad, LLC, an intrastate passenger excursion railroad not
subject to the Board's jurisdiction.
\3\ The EB Line was authorized for abandonment in 2006 and the
Parties state that the tracks, ties, and other track materials were
salvaged. See Wyo. & Colo. R.R.--Aban. Exemption--in Carbon Cty.,
Wyo., AB 307 (Sub-No. 6X) (STB served May 31, 2006). The Parties
state that, for a number of reasons, WYCO never consummated the
abandonment of the EB Line and never filed a notice of consummation.
As a result, WYCO's abandonment authority expired and the corridor
remains a line of railroad subject to the Board's jurisdiction.
---------------------------------------------------------------------------
The Parties state that the purpose of this transaction is to
undertake a corporate reorganization for the eventual purpose of
selling certain assets or stock of various Durbano-controlled railroad
companies, except for Saratoga.\4\ Saratoga certifies that its annual
revenues as a result of this transaction will not exceed those that
would qualify it as a Class III rail carrier and will not exceed $5
million.
---------------------------------------------------------------------------
\4\ See W. Branch & Cont'l Rail--Acquis. of Control Exemption--
Cimarron Valley R.R., Docket No. FD 36084; N.M. Cent. R.R.--Acquis.
& Operation Exemption--Sw. R.R., Whitewater Div., Docket No. FD
36085; and W. Branch Intermediate Holdings & Cont'l Rail--
Continuance in Control Exemption--N.M. Cent. R.R., Docket No. FD
36087.
---------------------------------------------------------------------------
Unless stayed, the exemption will be effective on February 16, 2017
(30 days after the verified notice was filed).
This is a transaction within a corporate family of the type
specifically exempted from prior review and approval under 49 CFR
1180.2(d)(3). The Parties state that the transaction will not result in
adverse changes in service levels, significant operational changes, or
a change in the competitive balance with carriers outside the 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. 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 rail 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.
Petitions for stay must be filed no later than February 9, 2017 (at
least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 36091, 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 William A. Mullins, Baker & Miller PLLC,
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
According to the Parties, 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.GOV.''
Decided: January 30, 2017.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-02220 Filed 2-1-17; 8:45 am]
BILLING CODE 4915-01-P