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., 9109 [2017-02285]
Download as PDF
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.
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
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]
[Page 9109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02285]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36084]
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. (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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 Sec. Sec.
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 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