Watco Holdings, Inc.-Continuance in Control Exemption-Ringneck & Western Railroad, L.L.C., 23028-23029 [2021-09058]

Download as PDF 23028 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices Mediterranean Sea by Spain may be imported into the United States under the DS–2031 Box 7(A)(4) provision for ‘‘shrimp harvested in a manner or under circumstances determined by the Department of State not to pose a threat of the incidental taking of sea turtles.’’ A responsible government official of Australia, Japan, the Republic of Korea, or Spain must sign in Block 8 of the DS– 2031 form accompanying these imports into the United States. The Department has communicated these certifications and determinations under Sec. 609 to the Trade Transformation Office at U.S. Customs and Border Protection. David F. Hogan, Acting Director, Office of Marine Conservation, Department of State. [FR Doc. 2021–09077 Filed 4–29–21; 8:45 am] BILLING CODE 4710–09–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36494] jbell on DSKJLSW7X2PROD with NOTICES Ringneck & Western Railroad, L.L.C.— Acquisition and Operation Exemption—Railroad Line in Davison, Aurora, Brule, Lyman, Jones, Jackson, & Pennington Counties, S.D. Ringneck & Western Railroad, L.L.C. (RWRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to (1) acquire from the State of South Dakota, acting by and through its Department of Transportation (the State) approximately 285.43 miles of rail line extending between milepost 374.57 in Mitchell, S.D., and milepost 660.0 in Rapid City, S.D. (the Line); (2) commence common carrier service over the portions of the Line extending between (a) milepost 374.57 in Mitchell, S.D., and milepost 562.53 in Kadoka, S.D., (the MK Segment) and (b) milepost 659.6 and milepost 660.0, both in Rapid City, S.D. (the Rapid City Segment); (3) acquire common carrier service reactivation rights over the currently rail-banked segments of the Line between milepost 562.53 in Kadoka, S.D., and milepost 659.6 in Rapid City, S.D.1; and (4) incidental to the acquisition of the Line, acquire by assignment overhead trackage rights over lines of BNSF Railway Company (BNSF) between (a) BNSF’s connection with the eastern end of the MK Segment of the Line at BNSF milepost 650.65 at 1 See Sammamish Transp. Co.—Notice of Interim Trail Use & Termination of Modified Cert., FD 33398 (Sub-No. 1) (STB served Feb. 26, 1998); Mitchell-Rapid City Reg’l R.R. Auth.—Modified Rail Cert.—Between Caputa & Rapid City, S.D, FD 35149 (STB served Apr. 28, 2009). VerDate Sep<11>2014 19:58 Apr 29, 2021 Jkt 253001 Mitchell, S.D., and certain yard tracks in BNSF’s Mitchell Yard at BNSF milepost 650.16; and (b) BNSF’s Mitchell Yard at milepost 650.16 and the Grain Shuttle Facility in Mitchell, S.D., located at milepost 652.9 (the Trackage Rights Lines). This transaction is related to a verified notice of exemption filed concurrently in Watco Holdings, Inc.— Continuance in Control Exemption— Ringneck & Western Railroad, L.L.C., Docket No. FD 36512, in which Watco Holdings, Inc., seeks to continue in control of RWRR upon RWRR’s becoming a Class III rail carrier. The verified notice states that RWRR and the State have reached an agreement pursuant to which RWRR will purchase the Line (including the right to restore common carrier service over the rail-banked segment), commence common carrier service over the MK Segment and the Rapid City Segment, and acquire by assignment overhead rights over the Trackage Rights Lines. RWRR certifies that its projected annual revenues as a result of this transaction are expected to exceed $5 million, but they are not expected to result in RWRR becoming a Class I or Class II rail carrier. Because the projected annual revenue will exceed $5 million, RWRR certified, on March 25, 2021, that it had complied with the labor notice requirements of 49 CFR 1150.32(e)) on March 24, 2021. RWRR also certifies that the proposed acquisition and operation of the Line does not involve a provision limiting RWRR’s future interchange of traffic on the Line with a third-party connecting carrier. The earliest this transaction may be consummated is May 24, 2021, the effective date of the exemption (60 days after RWRR certified its compliance with the labor notice requirements of 49 CFR 1150.32(e)). 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 for stay must be filed no later than May 16, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36494, 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 RWRR’s representative, Robert A. Wimbish, Fletcher & Sippel PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to RWRR, 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: April 27, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–09061 Filed 4–29–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36512] Watco Holdings, Inc.—Continuance in Control Exemption—Ringneck & Western Railroad, L.L.C. Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Ringneck & Western Railroad, L.L.C. (RWRR), a noncarrier controlled by Watco, upon RWRR’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Ringneck & Western Railroad—Acquisition & Operation Exemption—Railroad Line in Davison, Aurora, Brule, Lyman, Jones, Jackson, & Pennington Counties, S.D., Docket No. FD 36494, in which RWRR seeks, among other things, to acquire from the State of South Dakota approximately 285.43 miles of railroad line and acquire by assignment incidental overhead trackage rights over certain lines of BNSF Railway Company in South Dakota. The transaction may be consummated on or after May 16, 2021, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice of exemption, Watco currently controls indirectly 39 Class III railroads and one Class II railroad, collectively operating in 27 states. For a complete list of these rail carriers and the states in which they operate, see the Appendix to Watco’s April 16, 2021 verified notice of exemption. The verified notice is available at www.stb.gov. Watco represents that: (1) The rail line to be operated by RWRR does not connect with the rail lines of any of the rail carriers controlled by Watco; (2) this transaction is not part of a series of anticipated transactions that would connect RWRR with any railroad in the E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices Watco corporate family; and (3) the transaction does not involve a Class I rail 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. Because the transaction involves the control of one Class II and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.— Acquisition Exemption—Lines of Union Pacific Railroad, 2 S.T.B. 218 (1997). 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 for stay must be filed no later than May 7, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36512, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, one copy of each pleading must be served on Watco’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to Watco, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: April 27, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–09058 Filed 4–29–21; 8:45 am] Main Line Subdivision, in Frederick County, Md. (the Line). The Line traverses U.S. Postal Service Zip Code 21771. CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) because the Line is not a through route, there is no overhead traffic on the Line and, therefore, none needs to be rerouted; (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 (notice of environmental and historic report), 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) has been received,1 the exemption will be effective on May 30, 2021, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 10, 2021.3 Petitions to reopen or requests for public use conditions under BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 804X)] jbell on DSKJLSW7X2PROD with NOTICES CSX Transportation, Inc.— Abandonment Exemption—in Frederick County, MD CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon an approximately 0.59-mile rail line between Val Sta. 1728+23 and Val Sta. 1759+25 on its Baltimore Division, Old VerDate Sep<11>2014 19:58 Apr 29, 2021 Jkt 253001 1 Persons interested in submitting an OFA must first file a formal expression of intent to file an offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 23029 49 CFR 1152.28 must be filed by May 20, 2021. All pleadings, referring to Docket No. AB 55 (Sub-No. 804X), 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 CSXT’s representative, Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by May 7, 2021. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public. Environmental, historic preservation, public use, or interim trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by CSXT’s filing of a notice of consummation by April 30, 2022, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: April 26, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Tammy Lowery, Clearance Clerk. [FR Doc. 2021–09106 Filed 4–29–21; 8:45 am] BILLING CODE 4915–01–P TENNESSEE VALLEY AUTHORITY Meeting of the Regional Energy Resource Council Tennessee Valley Authority (TVA). ACTION: Notice of meeting. AGENCY: The TVA Regional Energy Resource Council (RERC) will hold a SUMMARY: E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 23028-23029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09058]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36512]


Watco Holdings, Inc.--Continuance in Control Exemption--Ringneck 
& Western Railroad, L.L.C.

    Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Ringneck & Western Railroad, L.L.C. (RWRR), a noncarrier controlled by 
Watco, upon RWRR's becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Ringneck & Western Railroad--Acquisition & Operation 
Exemption--Railroad Line in Davison, Aurora, Brule, Lyman, Jones, 
Jackson, & Pennington Counties, S.D., Docket No. FD 36494, in which 
RWRR seeks, among other things, to acquire from the State of South 
Dakota approximately 285.43 miles of railroad line and acquire by 
assignment incidental overhead trackage rights over certain lines of 
BNSF Railway Company in South Dakota.
    The transaction may be consummated on or after May 16, 2021, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    According to the verified notice of exemption, Watco currently 
controls indirectly 39 Class III railroads and one Class II railroad, 
collectively operating in 27 states. For a complete list of these rail 
carriers and the states in which they operate, see the Appendix to 
Watco's April 16, 2021 verified notice of exemption. The verified 
notice is available at www.stb.gov.
    Watco represents that: (1) The rail line to be operated by RWRR 
does not connect with the rail lines of any of the rail carriers 
controlled by Watco; (2) this transaction is not part of a series of 
anticipated transactions that would connect RWRR with any railroad in 
the

[[Page 23029]]

Watco corporate family; and (3) the transaction does not involve a 
Class I rail 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. Because the transaction 
involves the control of one Class II and one or more Class III rail 
carriers, the transaction is subject to the labor protection 
requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.--
Acquisition Exemption--Lines of Union Pacific Railroad, 2 S.T.B. 218 
(1997).
    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 for stay must be filed no later than May 7, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36512, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on 
Watco's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to Watco, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: April 27, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-09058 Filed 4-29-21; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.