3i RR Holdings GP LLC, 3i Holdings Partnership L.P., and 3i RR LLC-Control Exemption-Regional Rail Holdings, LLC, 16556 [2019-07891]
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Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
originating and terminating at points on
IR north of Davis Junction) and milepost
0.29 at Flagg Center, all in Ogle County,
Ill. (the Line). The Line traverses U.S.
Postal Service Zip Codes 61068 and
61020.
IR has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) 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 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) 1 to subsidize
continued rail service has been
received, this exemption will be
effective on May 19, 2019, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues and formal expressions of intent
to file an OFA to subsidize continued
rail service under 49 CFR 1152.27(c)(2) 2
must be filed by April 29, 2019.3
Petitions for reconsideration must be
1 The Board modified its OFA procedures
effective July 29, 2017. Among other things, the
OFA process now requires potential offerors, in
their formal expression of intent, to make a
preliminary financial responsibility showing based
on a calculation using information contained in the
carrier’s filing and publicly available information.
See Offers of Financial Assistance, EP 729 (STB
served June 29, 2017); 82 FR 30,997 (July 5, 2017).
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,800. See CFR
1002.2(f)(25).
3 Because this is a discontinuance proceeding and
not an abandonment, trail use/rail banking and
public use conditions are not appropriate. Because
there will be an environmental review during
abandonment, this discontinuance does not require
environmental review.
VerDate Sep<11>2014
16:23 Apr 18, 2019
Jkt 247001
filed by May 9, 2019, with the Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001.
A copy of any petition filed with the
Board should be sent to IR’s
representative, Bradon J. Smith, Fletcher
& Sippel LLC, 29 North Wacker Drive,
Suite 800, Chicago, IL 60606.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Board decisions and notices are
available at www.stb.gov.
Decided: April 16, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Regena Smith-Bernard,
Clarence Clerk.
[FR Doc. 2019–07893 Filed 4–18–19; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36289]
3i RR Holdings GP LLC, 3i Holdings
Partnership L.P., and 3i RR LLC—
Control Exemption—Regional Rail
Holdings, LLC
3i RR Holdings GP LLC, 3i Holdings
Partnership L.P., and 3i RR LLC (3i
RR),1 all noncarriers, have filed a
verified notice of exemption under 49
CFR 1180.2(d)(2) to acquire control of
Regional Rail Holdings, LLC (Regional
Rail), a non-carrier holding company
that indirectly controls three Class III
rail carriers: East Penn Railroad, LLC;
Middletown & New Jersey Railroad,
LLC; and Tyburn Railroad LLC (the
Subsidiary Railroads).2 According to the
verified notice, 3i RR intends to acquire
100% of the equity interests of Regional
Rail in a transaction in which 3i RR’s
wholly owned noncarrier subsidiary,
Coltrane Merger Sub, LLC, will merge
with and into Regional Rail, with
Regional Rail continuing as the
surviving entity and as a wholly owned
subsidiary of 3i RR.
The transaction is expected to be
consummated on or after May 5, 2019,
the effective date of the exemption.3
1 The
verified notice states that 3i RR Holdings GP
LLC controls 3i Holdings Partnership L.P., which in
turn controls 3i RR, and that none are carriers or
are affiliated with carriers.
2 In Regional Rail Holdings, LLC—Acquisition of
Control Exemption—Regional Rail, LLC, Docket No.
FD 35945, Regional Rail acquired control of
Regional Rail, LLC, a holding company for the
Subsidiary Railroads.
3 On April 5, 2019, 3i RR Holdings GP LLC, 3i
Holdings Partnership L.P., and 3i RR filed a motion
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
The verified notice states that: (i) The
Subsidiary Railroads do not connect
with each other; (ii) the subject
acquisition of control is not intended to
connect the Subsidiary Railroads with
any railroad in the corporate family of
3i RR Holdings GP LLC, 3i Holdings
Partnership L.P., and 3i RR; and (iii) the
transaction does not involve a Class I
carrier. Therefore, the transaction is
exempt from the prior approval
requirements of 49 U.S.C. 11323. See 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 49 U.S.C. 11324 and
11325 that involve only Class III rail
carriers. Because this transaction
involves Class III rail carriers only, the
Board, under the statute, may not
impose labor protective conditions for
this transaction.
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 April 26, 2019 (at
least seven days before the exemption
becomes effective).
An original and 10 copies of all
pleadings referring to Docket No. FD
36289, 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 Louis E. Gitomer, Law
Offices of Louis E. Gitomer LLC, 600
Baltimore Ave., Suite 301, Towson, MD
21204.
Board decisions and notices are
available at www.stb.gov.
Decided: April 15, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019–07891 Filed 4–18–19; 8:45 am]
BILLING CODE 4915–01–P
for protective order under 49 CFR 1104.14(b),
which will be addressed in a separate decision.
E:\FR\FM\19APN1.SGM
19APN1
Agencies
[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Notices]
[Page 16556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07891]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36289]
3i RR Holdings GP LLC, 3i Holdings Partnership L.P., and 3i RR
LLC--Control Exemption--Regional Rail Holdings, LLC
3i RR Holdings GP LLC, 3i Holdings Partnership L.P., and 3i RR LLC
(3i RR),\1\ all noncarriers, have filed a verified notice of exemption
under 49 CFR 1180.2(d)(2) to acquire control of Regional Rail Holdings,
LLC (Regional Rail), a non-carrier holding company that indirectly
controls three Class III rail carriers: East Penn Railroad, LLC;
Middletown & New Jersey Railroad, LLC; and Tyburn Railroad LLC (the
Subsidiary Railroads).\2\ According to the verified notice, 3i RR
intends to acquire 100% of the equity interests of Regional Rail in a
transaction in which 3i RR's wholly owned noncarrier subsidiary,
Coltrane Merger Sub, LLC, will merge with and into Regional Rail, with
Regional Rail continuing as the surviving entity and as a wholly owned
subsidiary of 3i RR.
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\1\ The verified notice states that 3i RR Holdings GP LLC
controls 3i Holdings Partnership L.P., which in turn controls 3i RR,
and that none are carriers or are affiliated with carriers.
\2\ In Regional Rail Holdings, LLC--Acquisition of Control
Exemption--Regional Rail, LLC, Docket No. FD 35945, Regional Rail
acquired control of Regional Rail, LLC, a holding company for the
Subsidiary Railroads.
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The transaction is expected to be consummated on or after May 5,
2019, the effective date of the exemption.\3\
---------------------------------------------------------------------------
\3\ On April 5, 2019, 3i RR Holdings GP LLC, 3i Holdings
Partnership L.P., and 3i RR filed a motion for protective order
under 49 CFR 1104.14(b), which will be addressed in a separate
decision.
---------------------------------------------------------------------------
The verified notice states that: (i) The Subsidiary Railroads do
not connect with each other; (ii) the subject acquisition of control is
not intended to connect the Subsidiary Railroads with any railroad in
the corporate family of 3i RR Holdings GP LLC, 3i Holdings Partnership
L.P., and 3i RR; and (iii) the transaction does not involve a Class I
carrier. Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11323. See 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 49 U.S.C.
11324 and 11325 that involve only Class III rail carriers. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
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 April 26, 2019
(at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings referring to Docket No.
FD 36289, 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 Louis E. Gitomer, Law Offices of Louis E.
Gitomer LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.
Board decisions and notices are available at www.stb.gov.
Decided: April 15, 2019.
By the Board, Allison C. Davis, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019-07891 Filed 4-18-19; 8:45 am]
BILLING CODE 4915-01-P