The Gregory B. Cundiff Trust, the Connie Cundiff Trust, CGX, Inc., and Ironhorse Resources, Inc.-Continuance in Control Exemption-Tennessee Railroad Holdings, LLC, Sequatchie Valley Switching Company, LLC, and Walking Horse Railroad, LLC, 9199-9200 [2019-04613]
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Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
between milepost 0.0, a point of
connection to CSX Transportation, Inc.,
at or near Wartrace, and milepost 7.9,
the end of track at or near Shelbyville,
in Bedford County, Tenn. (the Line).
WHRR states that the Line is currently
operated by Walking Horse and Eastern
Railroad Company, Inc. (WHOE). WHRR
states that an agreement has been
reached among BCRA, WHRR, and
WHOE for a change in operator from
WHOE to WHRR.
The transaction is related to a
concurrently filed verified notice of
exemption in Gregory B. Cundiff Trust—
Continuance in Control Exemption—
Tennessee Railroad Holdings, Inc.,
Sequatchie Valley Switching Co., &
Walking Horse Railroad, Docket No. FD
36272, in which the Gregory B. Cundiff
Trust, the Connie Cundiff Trust, CGX,
Inc., and Ironhorse Resources, Inc., seek
to continue in control of WHRR upon
WHRR’s becoming a Class III rail carrier.
WHRR certifies that the proposed
change in operators transaction and
WHRR’s anticipated operation of the
Line do not involve any provision or
agreement that would limit future
interchange. Further, WHRR certifies
that its projected annual rail revenues as
a result of the transaction will not
exceed $5 million and will not result in
WHRR’s becoming a Class II or Class I
rail carrier. Under 49 CFR 1150.32(b), a
change in operator requires that notice
be given to shippers. WHRR states that
it provided notice of the proposed
change in operators to the shippers on
the Line.
The earliest this transaction may be
consummated is March 27, 2019, the
effective date of exemption (30 days
after the verified notice 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 no later than March 20, 2019.
An original and 10 copies of all
pleadings, referring to Docket No. FD
36271, 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 Thomas F.
McFarland, Thomas F. McFarland, P.C.,
208 South LaSalle Street, Suite 1666,
Chicago, IL 60604–1228.
Board decisions and notices are
available at www.stb.gov.
Decided: March 8, 2019.
VerDate Sep<11>2014
17:45 Mar 12, 2019
Jkt 247001
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–04612 Filed 3–12–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36272]
The Gregory B. Cundiff Trust, the
Connie Cundiff Trust, CGX, Inc., and
Ironhorse Resources, Inc.—
Continuance in Control Exemption—
Tennessee Railroad Holdings, LLC,
Sequatchie Valley Switching Company,
LLC, and Walking Horse Railroad, LLC
The Gregory B. Cundiff Trust, the
Connie Cundiff Trust, CGX, Inc. (CGX),
and Ironhorse Resources, Inc.
(Ironhorse) (collectively, the Controlling
Entities), have filed a verified notice of
exemption pursuant to 49 CFR
1180.2(d)(2) to continue in control of
Tennessee Railroad Holdings, LLC
(TRH), Sequatchie Valley Switching
Company, LLC (SQSC), and Walking
Horse Railroad, LLC (WHRR) when
TRH, SQSC, and WHRR become rail
carriers.1
The transaction is related to three
concurrently filed verified notices of
exemption. In Tennessee Railroad
Holdings, LLC—Acquisition
Exemption—Sequatchie Valley
Railroad, Inc., Docket No. FD 36269,
TRH seeks an exemption under 49 CFR
1150.31 to acquire by purchase from
Sequatchie Valley Railroad, Inc., a line
of railroad that extends between
milepost 0.0, a point of connection to
CSX Transportation, Inc. (CSXT) at or
near Bridgeport, Jackson County, Ala.,
and milepost 11.77, the end of track at
or near Jaspar, Marion County, Tenn.
(the Line). In Sequatchie Valley
Switching Co.—Operation Exemption—
Tennessee Railroad Holdings, LLC,
Docket No. FD 36270, SQSC seeks an
exemption under 49 CFR 1150.31 to
operate over the Line pursuant to an
operating agreement with TRH. In
Walking Horse Railroad, LLC—Change
in Operators Exemption—Walking
Horse & Eastern Railroad Co., Docket
No. FD 36271, WHRR seeks an
exemption under 49 CFR 1150.31 to
replace Walking Horse and Eastern
Railroad Company, Inc., as the operator
of a rail line that extends between
milepost 0.0, a point of connection to
CSXT at or near Wartrace, and milepost
1 The verified notice was supplemented on March
1, 2019, with a letter indicating that the proposed
transaction does not involve any interchange
commitments.
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Frm 00126
Fmt 4703
Sfmt 4703
9199
7.9, the end of track at or near
Shelbyville, in Bedford County, Tenn.
The earliest this transaction may be
consummated is March 27, 2019, the
effective date of the exemption (30 days
after the verified notice was filed).
According to the verified notice of
exemption, the Gregory B. Cundiff Trust
and the Connie Cundiff Trust, both of
which are noncarrier individual trusts,
own CGX, a noncarrier holding
company, in equal parts. CGX, in turn,
directly controls a number of existing
Class III carriers and Ironhorse, a
noncarrier holding company. As a result
of this transaction, CGX would directly
control TRH (which is currently a
noncarrier). Ironhorse directly controls
several existing Class III rail carriers. As
a result of this transaction, Ironhorse
would directly control SQSC and WHRR
(which are currently noncarriers).
The Controlling Entities represent
that: (1) The rail lines to be owned by
TRH, the lines to be operated SQSC and
WHRR, and the properties of the rail
carriers controlled by the Controlling
Entities do not connect with each other;
(2) the proposed continuance in control
is not part of a series of anticipated
transactions that would connect the
carriers with each other or any other
railroad in the corporate family; 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).
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. However, 49 U.S.C. 11326(c)
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here
because all the carriers involved are
Class III 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 to stay must be
filed no later than March 20, 2019 (at
least seven days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
36272, 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 Thomas F.
McFarland, Thomas F. McFarland, P.C.,
E:\FR\FM\13MRN1.SGM
13MRN1
9200
Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
208 South LaSalle Street, Suite 1666,
Chicago, IL 60604–1228.
Board decisions and notices are
available at www.stb.gov.
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36270]
Sequatchie Valley Switching Company,
LLC—Operation Exemption—
Tennessee Railroad Holdings, LLC
Decided: March 8, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–04613 Filed 3–12–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 290 (Sub-No. 295X); Docket
No. AB 866 (Sub-No. 1X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Chowan
County, N.C.; North Carolina & Virginia
Railroad Company, L.L.C., Chesapeake
& Albemarle Railroad Division—
Discontinuance of Service
Exemption—in Chowan County, N.C.
Correction to Notice of
Exemption.
ACTION:
On July 20, 2007, Norfolk Southern
Railway Company (NSR) and North
Carolina & Virginia Railroad Company,
The Chesapeake & Albemarle Division
(NCVA), jointly filed a verified notice of
exemption under 49 CFR. 1152.50 for
NSR to abandon, and for NCVA to
discontinue service over, approximately
0.08 miles of rail line between milepost
NS 73.59, and milepost NS 73.67, at
Edenton, N.C. On August 9, 2007, notice
of the exemption was served and
published in the Federal Register (72
FR 44,920).
The notice published on August 9,
2007, erroneously described milepost
NS 73.59 as milepost NS 73.50.1
Accordingly, this notice corrects the
description of the milepost. All other
information in the August 9, 2007 notice
is correct.
Board decisions and notices are
available at www.stb.gov.
Decided: March 7, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–04570 Filed 3–12–19; 8:45 am]
amozie on DSK9F9SC42PROD with NOTICES
BILLING CODE 4915–01–P
1 The Board noted this error in a notice published
in a separate docket, in which NCVA filed a verified
notice of exemption to enter into a superseding and
replacement lease with NSR for lines of railroad in
Virginia and North Carolina. N. Carolina & Va. R.R.,
Chesapeake & Albemarle R.R. Division—Lease
Amendment & Operation Exemption Including
Interchange Commitment—Norfolk S. Ry., FD
36252, slip op. at 2 n.4 (STB served Dec. 6, 2018).
VerDate Sep<11>2014
17:45 Mar 12, 2019
Jkt 247001
Sequatchie Valley Switching
Company, LLC (SQSC), a noncarrier, has
filed a verified notice of exemption
under 49 CFR 1150.31 to operate
approximately 11.77 miles of rail line
(the Line) pursuant to an operating
agreement with Tennessee Railroad
Holdings, LLC (TRH), a noncarrier.1 The
Line extends between milepost 0.0, a
point of connection to CSX
Transportation, Inc., at or near
Bridgeport, Jackson County, Ala., and
milepost 11.77, the end of track at or
near Jaspar, Marion County, Tenn.
The transaction is related to a
concurrently filed verified notice of
exemption in Gregory B. Cundiff Trust—
Continuance in Control Exemption—
Tennessee Railroad Holdings, Inc.,
Sequatchie Valley Switching Co., LLC, &
Walking Horse Railroad, LLC, Docket
No. FD 36272, in which the Gregory B.
Cundiff Trust, the Connie Cundiff Trust,
CGX, Inc., and Ironhorse Resources,
Inc., seek to continue in control of SQSC
upon SQSC’s becoming a Class III rail
carrier.
SQSC certifies that, as a result of this
transaction, its projected revenues
would not exceed those that would
qualify it as a Class III rail carrier and
will not exceed $5 million. SQSC states
that the agreement does not involve any
provision or agreement that may limit
future interchange.
The transaction may be consummated
on or after March 27, 2019, the effective
date of the exemption (30 days after the
verified notice 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 no later than March 20, 2019 (at
least seven days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
36270, must be filed with the Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
1 TRH concurrently filed a verified notice of
exemption in Tennessee Railroad Holdings, LLC—
Acquisition Exemption—Sequatchie Valley
Railroad, Inc., Docket No. FD 36269, in which TRH
seeks to acquire the Line and become a Class III rail
carrier.
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Fmt 4703
Sfmt 4703
be served on Thomas F. McFarland,
Thomas F. McFarland, P.C., 208 South
LaSalle Street, Suite 1666, Chicago, IL
60604–1228.
According to SQSC, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: March 8, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–04611 Filed 3–12–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 788X)]
CSX Transportation, Inc.—
Abandonment Exemption—in Preston
County, W. Va.
CSX Transportation, Inc. (CSXT), has
filed a verified notice of exemption
under 49 CFR pt. 1152 subpart F—
Exempt Abandonments to abandon an
approximately 6.78-mile rail line
between milepost BAJ 3.0 and milepost
BAJ 9.78 in Preston County, W. Va. (the
Line).1 The Line traverses U.S. Postal
Service Zip Codes 26764 and 26537 and
includes the stations of Murphy Mine,
Stoer, Shatzer, and Preston.
CSXT has certified that: (1) No local
freight traffic has moved over the Line
for at least two years; (2) any overhead
traffic on the Line can be rerouted over
other lines; (3) no formal complaint
filed by a user of rail service on the Line
(or by a state or local government entity
acting on behalf of such user) regarding
cessation of service over the Line either
is pending with the Surface
Transportation Board (Board) or with
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7 and
1105.8 (environmental report and
historic report), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1 The Line was part of a 14.3-mile line of railroad
between milepost BAJ 0.0 at Rowlesburg and
milepost BAJ 14.3 near Albright in Preston County,
W. Va., that CSXT was previously authorized to
abandon. CSX Transp., Inc.—Aban. Exemption—in
Preston Cty., W. Va., AB 55 (Sub-No. 625X) (STB
served Jan. 9, 2004). However, CSXT did not timely
file a notice of consummation of abandonment for
the 6.78 miles that comprise the Line and the
abandonment authority automatically expired. CSX
Transp., Inc.—Aban. Exemption—in Preston Cty.,
W. Va., AB 55 (Sub-No. 625X) (STB served Dec. 18,
2018).
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Agencies
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9199-9200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04613]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36272]
The Gregory B. Cundiff Trust, the Connie Cundiff Trust, CGX,
Inc., and Ironhorse Resources, Inc.--Continuance in Control Exemption--
Tennessee Railroad Holdings, LLC, Sequatchie Valley Switching Company,
LLC, and Walking Horse Railroad, LLC
The Gregory B. Cundiff Trust, the Connie Cundiff Trust, CGX, Inc.
(CGX), and Ironhorse Resources, Inc. (Ironhorse) (collectively, the
Controlling Entities), have filed a verified notice of exemption
pursuant to 49 CFR 1180.2(d)(2) to continue in control of Tennessee
Railroad Holdings, LLC (TRH), Sequatchie Valley Switching Company, LLC
(SQSC), and Walking Horse Railroad, LLC (WHRR) when TRH, SQSC, and WHRR
become rail carriers.\1\
---------------------------------------------------------------------------
\1\ The verified notice was supplemented on March 1, 2019, with
a letter indicating that the proposed transaction does not involve
any interchange commitments.
---------------------------------------------------------------------------
The transaction is related to three concurrently filed verified
notices of exemption. In Tennessee Railroad Holdings, LLC--Acquisition
Exemption--Sequatchie Valley Railroad, Inc., Docket No. FD 36269, TRH
seeks an exemption under 49 CFR 1150.31 to acquire by purchase from
Sequatchie Valley Railroad, Inc., a line of railroad that extends
between milepost 0.0, a point of connection to CSX Transportation, Inc.
(CSXT) at or near Bridgeport, Jackson County, Ala., and milepost 11.77,
the end of track at or near Jaspar, Marion County, Tenn. (the Line). In
Sequatchie Valley Switching Co.--Operation Exemption--Tennessee
Railroad Holdings, LLC, Docket No. FD 36270, SQSC seeks an exemption
under 49 CFR 1150.31 to operate over the Line pursuant to an operating
agreement with TRH. In Walking Horse Railroad, LLC--Change in Operators
Exemption--Walking Horse & Eastern Railroad Co., Docket No. FD 36271,
WHRR seeks an exemption under 49 CFR 1150.31 to replace Walking Horse
and Eastern Railroad Company, Inc., as the operator of a rail line that
extends between milepost 0.0, a point of connection to CSXT at or near
Wartrace, and milepost 7.9, the end of track at or near Shelbyville, in
Bedford County, Tenn.
The earliest this transaction may be consummated is March 27, 2019,
the effective date of the exemption (30 days after the verified notice
was filed).
According to the verified notice of exemption, the Gregory B.
Cundiff Trust and the Connie Cundiff Trust, both of which are
noncarrier individual trusts, own CGX, a noncarrier holding company, in
equal parts. CGX, in turn, directly controls a number of existing Class
III carriers and Ironhorse, a noncarrier holding company. As a result
of this transaction, CGX would directly control TRH (which is currently
a noncarrier). Ironhorse directly controls several existing Class III
rail carriers. As a result of this transaction, Ironhorse would
directly control SQSC and WHRR (which are currently noncarriers).
The Controlling Entities represent that: (1) The rail lines to be
owned by TRH, the lines to be operated SQSC and WHRR, and the
properties of the rail carriers controlled by the Controlling Entities
do not connect with each other; (2) the proposed continuance in control
is not part of a series of anticipated transactions that would connect
the carriers with each other or any other railroad in the corporate
family; 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).
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. However, 49 U.S.C. 11326(c)
does not provide for labor protection for transactions under sections
11324 and 11325 that involve only Class III rail carriers. Accordingly,
the Board may not impose labor protective conditions here because all
the carriers involved are Class III 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 to stay must be filed no later than March 20, 2019 (at least
seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 36272, 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 Thomas F. McFarland, Thomas F. McFarland,
P.C.,
[[Page 9200]]
208 South LaSalle Street, Suite 1666, Chicago, IL 60604-1228.
Board decisions and notices are available at www.stb.gov.
Decided: March 8, 2019.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-04613 Filed 3-12-19; 8:45 am]
BILLING CODE 4915-01-P