New Mexico Central Railroad, LLC-Acquisition and Operation Exemption-Southwestern Railroad, Inc., Whitewater Division, 9108-9109 [2017-02284]
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Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
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.
VerDate Sep<11>2014
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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Fmt 4703
Sfmt 4703
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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02FEN1
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
the affected lines because there are no
unionized employees employed by
Southwestern.
The earliest the transaction could be
consummated is February 16, 2017, and
the parties expect to consummate the
transaction at that time.
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
36084, 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.
According to NMCR, 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.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017–02284 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
(WYCO).1 David L. Durbano (Durbano)
commonly controls these railroads now
as well as a fourth Class III carrier,
Southwestern Railroad, Inc.
(Southwestern).2 The applicants have
submitted to the Board a letter of intent
concerning the transaction in this
docket and will submit a final Purchase
and Sale Agreement once negotiations
are complete and the agreement is
executed.3
The applicants certify that: (1) The
carriers that are the subject of this notice
do not connect with each other, Delta,
or NMCR; (2) 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 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)
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36084]
mstockstill on DSK3G9T082PROD with NOTICES
West Branch Intermediate Holdings,
LLC and Continental Rail LLC—
Acquisition of Control Exemption—
Cimarron Valley Railroad, L.C.,
Clarkdale Arizona Central Railroad,
L.C., Wyoming and Colorado Railroad
Company, Inc.
West Branch Intermediate Holdings,
LLC (West Branch) and Continental Rail
LLC (Continental) have filed a verified
notice of exemption pursuant to 49 CFR
1180.2(d)(2), for West Branch to acquire
control of, and for Continental to
manage, the following Class III rail
carriers: Cimarron Valley Railroad, L.C.
(Cimarron), Clarkdale Arizona Central
Railroad, L.C. (Clarkdale), and Wyoming
and Colorado Railroad Company, Inc.
VerDate Sep<11>2014
16:31 Feb 01, 2017
Jkt 241001
1 West Branch currently controls another Class III
carrier, Delta Southern Railroad, Inc. (Delta), and it
will continue to do so after it consummates its
acquisition of Cimarron, Clarkdale, and WYCO.
2 The applicants do not intend to acquire control
of Southwestern. Instead, West Branch will acquire
certain assets of Southwestern through a newly
formed subsidiary, New Mexico Central Railroad,
LLC (NMCR). On the same day the applicants filed
their verified notice in this docket, NMCR filed a
verified notice of exemption under 49 CFR 1150.31
to acquire and operate those Southwestern assets.
See N.M. Cent. R.R.—Acquis. & Operation
Exemption—Sw. R.R., Whitewater Division, Docket
No. FD 36085. Concurrently, West Branch and
Continental filed a verified notice of exemption
under 49 CFR 1180.2(d)(2) for West Branch to
acquire and for Continental to manage NMCR upon
NMCR’s becoming a Class III carrier. See W. Branch
Intermediate Holdings & Cont’l Rail—Continuance
in Control Exemption—N. M. Cent. R.R., Docket No.
FD 36087.
3 The applicants filed their letter of intent under
seal and have moved that the Board issue a
protective order governing access to the
confidential materials. That motion is being
addressed separately.
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Fmt 4703
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9109
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
36084, 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.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017–02285 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Collection; Comment
Request; Update and Revision of the
FinCEN Suspicious Activity Reports
Electronic Data Fields
Financial Crimes Enforcement
Network (‘‘FinCEN’’), U.S. Department
of the Treasury.
ACTION: Notice and request for
comments.
AGENCY:
FinCEN, a bureau of the U.S.
Department of the Treasury
(‘‘Treasury’’), invites all interested
parties to comment on its proposed
update and revisions to the collection of
information filings by financial
institutions required to file such reports
under the Bank Secrecy Act (‘‘BSA’’).
This notice does not propose any new
regulatory requirements or changes to
the requirements related to suspicious
activity reporting. The data fields reflect
the filing requirement for all filers of
SARs under the BSA. This request for
comments is being made pursuant to the
Paperwork Reduction Act (PRA) of
1995, Public Law 104–13, 44 U.S.C.
3506(c)(2)(A).
SUMMARY:
Written comments are welcome
and must be received on or before April
3, 2017.
ADDRESSES: Written comments should
be submitted to: Policy Division,
Financial Crimes Enforcement Network,
DATES:
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9108-9109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02284]
-----------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\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).
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 9109]]
the affected lines because there are no unionized employees employed by
Southwestern.
The earliest the transaction could be consummated is February 16,
2017, and the parties expect to consummate the transaction at that
time.
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 36084, 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.
According to NMCR, 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.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-02284 Filed 2-1-17; 8:45 am]
BILLING CODE 4915-01-P