Patriot Rail Transportation Company, LLC, Patriot Rail Company LLC, SRTV Holdings LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, First State Infrastructure Managers (International) Limited, and Mitsubishi UFJ Financial Group, Inc.-Control Exemption-Salt Lake Garfield and Western Railway Company, 84094 [2020-28286]
Download as PDF
jbell on DSKJLSW7X2PROD with NOTICES
84094
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
also states that ‘‘[n]o Soo [Line]
employees will be displaced[,]’’ and that
WSOR ‘‘will continue in [its] capacity’’
as the operator of the Line following the
proposed transaction. (Id.) Because no
employees would be adversely affected
by the requested waiver of the 60-day
notice period, the Board will grant the
waiver. See, e.g., Wis. & S. R.R.—
Acquis. & Operation Exemption—City of
Fitchburg, Wis., FD 35838, slip op. at 4
(STB served Nov. 18, 2014).
Employee Protection. Under 49 U.S.C.
10502(g), the Board may not use its
exemption authority to relieve a carrier
of its statutory obligation to protect the
interests of its employees. Section
10902(d) provides for labor protection
in line acquisitions by Class II rail
carriers. As a condition to this
exemption, any employees affected by
the acquisition will be protected as
required by 49 U.S.C. 10902(d), subject
to the standards and procedures
established in Wisconsin Central Ltd.—
Acquisition Exemption—Lines of Union
Pacific Railroad, 2 S.T.B. 218 (1997),
aff’d in relevant part sub nom.
Association of American Railroads v.
STB, 162 F.3d 101 (DC Cir. 1998).
Environmental and Historic Review.
Under 49 CFR 1105.6(c)(1), this action,
which will not result in significant
changes in carrier operations, is
categorically excluded from
environmental review. Similarly, under
49 CFR 1105.8(b)(1), no historic report
is required because the subject
transaction is for continued rail service,
WSOR has indicated no plans to alter
railroad properties 50 years old or older,
and any abandonment would be subject
to Board jurisdiction.
Effective Date. WSOR requests
authority to acquire and operate the
Line by December 28, 2020, so that the
parties may close the transaction before
the end of the year. The exemption will
take effect on December 28, 2020, unless
it is stayed.
It is ordered:
1. Under 49 U.S.C. 10502, the Board
exempts from the prior approval
requirements of 49 U.S.C. 10902
WSOR’s acquisition of and operation
over the Line, subject to the employee
protective conditions implementing 49
U.S.C. 10902(d) as provided in this
decision.
2. Notice of the exemption will be
published in the Federal Register.
3. WSOR’s request for a waiver of the
advance notice requirement under 49
CFR 1121.4(h) is granted.
4. This exemption will become
effective on December 28, 2020.
5. Petitions to stay must be filed by
December 22, 2020. Petitions to reopen
must be filed by January 4, 2021.
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
Decided: December 14, 2020.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020–28395 Filed 12–22–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36462]
Patriot Rail Transportation Company,
LLC, Patriot Rail Company LLC, SRTV
Holdings LLC, SteelRiver Transport
Ventures LLC, Global Diversified
Infrastructure Fund (North America)
LP, First State Infrastructure Managers
(International) Limited, and Mitsubishi
UFJ Financial Group, Inc.—Control
Exemption—Salt Lake Garfield and
Western Railway Company
Patriot Rail Transportation Company,
LLC (Patriot), Patriot Rail Company LLC
(PRC), SRTV Holdings LLC, SteelRiver
Transport Ventures LLC, Global
Diversified Infrastructure Fund (North
America) LP, First State Infrastructure
Managers (International) Limited, and
Mitsubishi UFJ Financial Group, Inc.
(collectively, Applicants), all
noncarriers, have filed a verified notice
of exemption under 49 CFR 1180.2(d)(2)
to acquire control of Salt Lake Garfield
and Western Railway Company (SLGW),
a Class III rail carrier operating in Utah.
According to the verified notice, PRC,
on behalf of its subsidiary, Patriot, has
entered into a Purchase and Sale
Agreement with SLGW, Caballero,
L.L.C., and Caballero 2 LLC.1 Applicants
state that Patriot will acquire a 100%
controlling interest in SLGW. The
verified notice states that Patriot
currently controls 14 class III railroads.2
The verified notice indicates that: (1)
SLGW will not connect with any of the
Subsidiary Railroads; (2) the acquisition
of control is not part of a series of
anticipated transactions that would
1 A redacted version of the agreement was filed
with the verified notice of exemption. Applicants
simultaneously filed a motion for protective order
under 49 CFR 1104.14(b). That motion will be
addressed in a separate decision.
2 The verified notice lists the railroads as follows:
(1) The Tennessee Southern Railroad Company,
LLC; (2) Rarus Railway, LLC, d/b/a Butte, Anaconda
& Pacific Railway Co.; (3) Utah Central Railway
Company, LLC; (4) Sacramento Valley Railroad,
LLC; (5) The Louisiana and North West Railroad
Company LLC; (6) Temple & Central Texas Railway,
LLC; (7) the Columbia & Cowlitz Railway, LLC; (8)
the DeQueen and Eastern Railroad, LLC; (9) the
Golden Triangle Railroad, LLC; (10) the Patriot
Woods Railroad, LLC; (11) the Texas, Oklahoma &
Eastern Railroad, LLC; (12) Georgia Northeastern
Railroad Company, LLC; (13) the Kingman Terminal
Railroad, LLC; and (14) West Belt Railway LLC
(collectively, the Subsidiary Railroads).
PO 00000
Frm 00212
Fmt 4703
Sfmt 9990
connect SLGW or any of the Subsidiary
Railroads with each other; and (3) the
proposed 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).
The verified notice states that
Applicants intend to control SLGW on
or before December 15, 2020. However,
the earliest this transaction may be
consummated is January 9, 2021, the
effective date of the exemption (30 days
after the verified notice was filed).3
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 December 31, 2020 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36462, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, a copy of each pleading must
be served on Applicants’ representative,
Louis E. Gitomer, Law Offices of Louis
E. Gitomer, LLC, 600 Baltimore Ave.,
Suite 301, Towson, MD 21204.
According to the verified notice, this
action is categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: December 17, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020–28286 Filed 12–22–20; 8:45 am]
BILLING CODE 4915–01–P
3 The verified notice was initially submitted on
November 17, 2020. Applicants filed supplements
on November 18, December 1, and December 10,
2020. December 10, 2020, therefore, is deemed the
filing date of the verified notice.
E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Page 84094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28286]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36462]
Patriot Rail Transportation Company, LLC, Patriot Rail Company
LLC, SRTV Holdings LLC, SteelRiver Transport Ventures LLC, Global
Diversified Infrastructure Fund (North America) LP, First State
Infrastructure Managers (International) Limited, and Mitsubishi UFJ
Financial Group, Inc.--Control Exemption--Salt Lake Garfield and
Western Railway Company
Patriot Rail Transportation Company, LLC (Patriot), Patriot Rail
Company LLC (PRC), SRTV Holdings LLC, SteelRiver Transport Ventures
LLC, Global Diversified Infrastructure Fund (North America) LP, First
State Infrastructure Managers (International) Limited, and Mitsubishi
UFJ Financial Group, Inc. (collectively, Applicants), all noncarriers,
have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to
acquire control of Salt Lake Garfield and Western Railway Company
(SLGW), a Class III rail carrier operating in Utah.
According to the verified notice, PRC, on behalf of its subsidiary,
Patriot, has entered into a Purchase and Sale Agreement with SLGW,
Caballero, L.L.C., and Caballero 2 LLC.\1\ Applicants state that
Patriot will acquire a 100% controlling interest in SLGW. The verified
notice states that Patriot currently controls 14 class III
railroads.\2\
---------------------------------------------------------------------------
\1\ A redacted version of the agreement was filed with the
verified notice of exemption. Applicants simultaneously filed a
motion for protective order under 49 CFR 1104.14(b). That motion
will be addressed in a separate decision.
\2\ The verified notice lists the railroads as follows: (1) The
Tennessee Southern Railroad Company, LLC; (2) Rarus Railway, LLC, d/
b/a Butte, Anaconda & Pacific Railway Co.; (3) Utah Central Railway
Company, LLC; (4) Sacramento Valley Railroad, LLC; (5) The Louisiana
and North West Railroad Company LLC; (6) Temple & Central Texas
Railway, LLC; (7) the Columbia & Cowlitz Railway, LLC; (8) the
DeQueen and Eastern Railroad, LLC; (9) the Golden Triangle Railroad,
LLC; (10) the Patriot Woods Railroad, LLC; (11) the Texas, Oklahoma
& Eastern Railroad, LLC; (12) Georgia Northeastern Railroad Company,
LLC; (13) the Kingman Terminal Railroad, LLC; and (14) West Belt
Railway LLC (collectively, the Subsidiary Railroads).
---------------------------------------------------------------------------
The verified notice indicates that: (1) SLGW will not connect with
any of the Subsidiary Railroads; (2) the acquisition of control is not
part of a series of anticipated transactions that would connect SLGW or
any of the Subsidiary Railroads with each other; and (3) the proposed
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).
The verified notice states that Applicants intend to control SLGW
on or before December 15, 2020. However, the earliest this transaction
may be consummated is January 9, 2021, the effective date of the
exemption (30 days after the verified notice was filed).\3\
---------------------------------------------------------------------------
\3\ The verified notice was initially submitted on November 17,
2020. Applicants filed supplements on November 18, December 1, and
December 10, 2020. December 10, 2020, therefore, is deemed the
filing date of the verified notice.
---------------------------------------------------------------------------
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 December 31,
2020 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36462, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on
Applicants' representative, Louis E. Gitomer, Law Offices of Louis E.
Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.
According to the verified notice, this action is categorically
excluded from environmental review under 49 CFR 1105.6(c) and from
historic preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: December 17, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-28286 Filed 12-22-20; 8:45 am]
BILLING CODE 4915-01-P