LVR Railroad LLC-Acquisition and Operation Exemption-Landisville Railroad, LLC, 73086-73087 [2021-27850]

Download as PDF 73086 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices addition, a copy of each pleading must be served on Grand Elk’s representative: David F. Rifkind, Stinson, LLP, 1775 Pennsylvania Avenue NW, Suite 800, Washington, DC 20006–4605. According to Grand Elk, this action is categorically excluded from environmental review under 49 CCFR 1105.6(c) and historic preservation reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–27909 Filed 12–22–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36505] jspears on DSK121TN23PROD with NOTICES1 Watco Holdings, Inc.—Exemption for Intra-Corporate Family Transaction— Fox Valley & Lake Superior Rail System, L.L.C. and Wisconsin & Southern Railroad, L.L.C. Watco Holdings, Inc. (Watco Holdings), has filed a verified notice of exemption for an intra-corporate family transaction under 49 CFR 1180.2(d)(3) for the benefit of Fox Valley & Lake Superior Rail System, L.L.C. (Fox System), a Watco Holdings affiliate that is currently a noncarrier, and Wisconsin & Southern Railroad, L.L.C. (WSOR), a Class II carrier also controlled by Watco Holdings. Through this exemption, Fox System would transfer the following rail lines to WSOR for WSOR to operate as part of its system: (1) The Eden Spur from Eden, Wis. (milepost 138.7) to Fond du Lac, Wis. (milepost 146.04), a distance of approximately 7.34 miles; (2) the West Bend Subdivision from Granville, Wis. (milepost 99.5) to West Bend, Wis. (milepost 114.42), a distance of approximately 14.92 miles; and (3) the Saukville Subdivision from Mill (North Milwaukee), Wis. (milepost 95.18) to Saukville, Wis. (milepost 114.8), a distance of approximately 19.62 miles. This intra-corporate family transaction is part of a larger transaction involving Watco Holdings, Fox System, and Grand Elk Railroad, Inc. (Grand Elk), a Class III carrier also controlled by Watco Holdings, in which Fox System and Grand Elk would acquire several hundred miles of rail lines in Wisconsin and Michigan, respectively, from Wisconsin Central Ltd. (WCL).1 The 1 See Fox Valley & Lake Superior Rail Sys., L.L.C.—Acquis. & Operation Exemption—Lines of VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 verified notice states that once Fox System consummates its acquisition of WCL lines contemplated in Docket No. FD 36504 (which lines include the Eden Spur, West Bend Subdivision, and Saukville Subdivision) and Watco Holdings obtains the authority to continue in control of Fox System pursuant to the exemption sought in Docket No. FD 36506, Fox System and WSOR expect to enter into an agreement for the transfer of the Eden Spur, West Bend Subdivision, and Saukville Subdivision from Fox System to WSOR. The effective date of the exemptions sought in Docket Nos. FD 36503, FD 36504, and FD 36505 was tolled to consider questions raised and solicit additional information. See Grand Elk R.R.—Acquis. Exemption—Lines of Wis. Cent. Ltd in the State of Mich., FD 36503 et al. (STB served Apr. 27, 2021). In a decision served on December 20, 2021, the Board held that the exemptions in Docket Nos. FD 36503, FD 36504, and FD 36505 could proceed and granted the petition for exemption sought in Docket No. FD 36506. See Grand Elk R.R.— Acquis. Exemption—Lines of Wis. Cent. Ltd in the State of Mich., FD 36503 et al. (STB served Dec. 20, 2021). The verified notice states that the proposed transaction does not impose or involve any interchange commitment by or affecting the parties, nor are any of the transferred rail lines subject to any agreement that imposes an interchange commitment. Unless stayed, the exemption will be effective on December 31, 2021. The verified notice states that the proposed transaction is within Watco Holdings’ corporate family and will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(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. Because the transaction involves one Class II rail carrier and one or more Class III rail carriers, the transaction is subject to the labor protection requirements of 49 U.S.C. Wis. Cent. Ltd. in the State of Wis., Docket No. FD 36504; Grand Elk R.R.—Acquis. Exemption—Lines of Wis. Cent. Ltd. in the State of Mich., Docket No. FD 36503. To continue in control of Fox System once Fox System becomes a carrier, Watco Holdings filed a petition for exemption in Watco Holdings, Inc.—Continuance in Control Exemption—Fox Valley & Lake Superior Rail System, L.L.C., Docket No. FD 36506. PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 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 December 27, 2021. All pleadings, referring to Docket No. FD 36505, 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 Watco Holdings’ representative: David F. Rifkind, Stinson, LLP, 1775 Pennsylvania Avenue NW, Suite 800, Washington, DC 20006–4605. According to Watco Holdings, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic preservation reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–27989 Filed 12–22–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36565] LVR Railroad LLC—Acquisition and Operation Exemption—Landisville Railroad, LLC LVR Railroad LLC (LVR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Landisville Railroad, LLC (Landisville), and operate a rail line located between approximately milepost 30.77, at the connection with Norfolk Southern Railway Company on the Harrisburg Line, owned by National Railroad Passenger Corporation (Amtrak), and approximately milepost 32.69, at the end of the track, north of Stony Battery Road, in West Hempfield, Lancaster County, Pa. (the Line). The verified notice states that LVR and Landisville will shortly execute a purchase agreement under which LVR will purchase the Line from Landisville. LVR states that it intends to provide common carrier service over the Line upon consummation of the proposed transaction. E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices LVR certifies that its projected annual revenues as a result of this transaction will not exceed the maximum revenue of a Class III rail carrier and will not exceed $5 million. LVR also certifies that the subject agreements do not contain any provisions that would limit LVR’s future interchange of traffic on the Line with a third-party connecting carrier. The earliest this transaction may be consummated is January 7, 2022, 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 for stay must be filed no later than December 30, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36565, 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 LVR’s representative, Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to LVR, 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 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–27850 Filed 12–22–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36504] jspears on DSK121TN23PROD with NOTICES1 Fox Valley & Lake Superior Rail System, L.L.C.—Acquisition and Operation Exemption—Lines of Wisconsin Central Ltd. in the State of Wisconsin Fox Valley & Lake Superior Rail System, L.L.C. (Fox System),1 a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to 1 Fox System is an indirectly controlled subsidiary of Watco Holdings, Inc. (Watco Holdings), a noncarrier Delaware limited liability holding company. VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 acquire and operate approximately 328.52 miles of active rail lines and 180.75 miles of rail line over which discontinuance of service previously had been authorized, totaling approximately 509.27 miles (the Lines) owned by Wisconsin Central Ltd. (WCL). The Lines include the Southern Cluster (41.88 miles), the Green Bay Cluster (32.33 miles), the Appleton Cluster (82.32 miles), and the Northern Cluster (352.74 miles), all in the State of Wisconsin. The Southern Cluster consists of (1) the Eden Spur extending from Eden, Wis., at milepost 138.7, to Fond du Lac, Wis., at milepost 146.04, a distance of approximately 7.34 miles; (2) the West Bend Subdivision extending from Granville, Wis., at milepost 99.5, to West Bend, Wis., at milepost 114.42, a distance of approximately 14.92 miles; and (3) the Saukville Subdivision extending from Mill (North Milwaukee), Wis., at milepost 95.18, to Saukville, Wis., at milepost 114.8, a distance of approximately 19.62 miles. The Green Bay Cluster consists of (1) the Denmark Spur extending from Denmark, Wis., at milepost 97.75, to Green Bay, Wis., at milepost 113.28, a distance of approximately 15.53 miles; and (2) the Luxemburg Spur extending from Green Bay at milepost 2.1, to Luxemburg, Wis., at milepost 18.9, a distance of approximately 16.8 miles. The Appleton Cluster consists of (1) the Shawano Subdivision extending from Appleton, Wis., at milepost 358.18, to Shawano, Wis., at milepost 314.08, a distance of approximately 44.1 miles; (2) the New London Spur extending from Appleton at milepost 121.6, to New London, Wis., at milepost 141.0 and from New London at milepost 38.98, to Manawa, Wis., at milepost 50.3, a total distance of approximately 30.72 miles; 2 (3) the Kimberly Spur extending from Appleton at milepost 121.5, to Kaukauna, Wis., at milepost 114.0, a distance of approximately 7.5 miles.3 The Northern Cluster consists of (1) a portion of the Valley Subdivision extending from Rothschild, Wis., at milepost 85.0, to Tomahawk, Wis., at milepost 133.09, and from Tomahawk at milepost 133.49, to Bradley, Wis., at milepost 138.42, a distance of approximately 53.02 miles, as well as 2 In 2017, WCL discontinued service over the line from New London to Manawa. See Wis. Cent. Ltd.— Discontinuance of Serv. Exemption—in Waupaca Cnty., Wis., AB 303 (Sub-No. 48X) (STB served Aug. 31, 2017). 3 Fox System will also acquire 0.1 miles of incidental trackage rights extending between milepost 212.9 and milepost 213.0 on WCL’s Fox River Subdivision to access the Kimberly Spur. PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 73087 trackage rights by assignment over Tomahawk Railway, Limited Partnership, between milepost 133.09 and milepost 133.49 at Tomahawk; 4 (2) the ‘‘Wausau Pocket’’ trackage at Wausau, Wis., from Kelly, Wis., at milepost 17.4, to Wausau at milepost 27.4, and from Kelly at milepost 0.0, to Schofield, Wis., at milepost 1.9, a total distance of approximately 11.9 miles; 5 (3) an undivided one-half interest (with WCL) in the portion of the Valley Subdivision extending from Mosinee, Wis., at milepost 77.0, to Rothschild at milepost 85.0, a distance of approximately 8.0 miles; 6 (4) a portion of the Bradley and Pembine Subdivisions extending from Tony, Wis., at milepost 138.0, to Goodman, Wis., at milepost 269.0, a distance of approximately 131.0 miles; 7 (5) the Ashland Subdivision extending from Prentice, Wis., at milepost 343.3, to Ashland, Wis., at milepost 434.49, a distance of approximately 91.19 miles; 8 (6) the White Pine Subdivision extending from Marengo Jct., Wis., at milepost 332.39, to the Michigan/ Wisconsin border at milepost 302.36, a distance of approximately 30.03 miles; 9 and (7) the Medford Subdivision extending from Spencer, Wis., at milepost 289.80, to Medford, Wis., at milepost 317.4, a distance of approximately 27.6 miles. 4 See Wis. Cent. Ltd.—Trackage Rights Exemption—Tomahawk Ry., FD 33359 (STB served Mar. 25, 1997). 5 See Wis. Cent. Ltd.—Acquis. Exemption—Union Pac. R.R., 2 S.T.B. 218 (1997), rev’d in part sub nom. Ass’n of Am. R.Rs. v. STB, 162 F.3d 101 (D.C. Cir. 1998). 6 According to the verified notice, Soo Line Railroad Company (Soo Line) has trackage rights on this segment and will remain WCL’s tenant. See Wis. Cent. Ltd.—Exempt. Acquis. & Operation— Certain Lines of Soo Line R.R., FD 31102, slip op. at 5 (ICC served July 28, 1988). As part of the current proposed transaction, WCL will retain limited overhead trackage rights (with Soo Line as its tenant) over Fox System from milepost 85.0 at Rothschild to milepost 89.5 at Wausau Yard for the purpose of turning and servicing locomotives. 7 In 2017, WCL discontinued service over the line from Rhinelander to Goodman. See Wis. Cent. Ltd.—Discontinuance of Serv. Exemption—in Oneida & Marinette Cntys., Wis., AB 303 (Sub-No. 49X) (STB served Nov. 15, 2017). In 2020, it discontinued service over the line from Tony to Prentice. See Wis. Cent. Ltd.—Discontinuance of Serv. Exemption—in Rusk & Price Cntys., Wis., AB 303 (Sub-No. 54X) (STB served Jan. 10, 2020). 8 In 2018, WCL discontinued service over the line from Ashland to Park Falls, Wis. See Wis. Cent. Ltd.—Discontinuance of Serv. Exemption—in Ashland & Price Cntys., Wis., AB 303 (Sub-No. 50X) (STB served Oct. 18, 2018). 9 In 2015, WCL discontinued service over the White Pine Subdivision, including the portion extending into Michigan. See Wis. Cent. Ltd.— Discontinuance of Serv. Exemption—in Ashland & Iron Cntys., Wis., & Gogebic & Ontonagon Cntys., Mich., AB 303 (Sub-No. 45X) (STB served Dec. 3, 2014). E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73086-73087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27850]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36565]


LVR Railroad LLC--Acquisition and Operation Exemption--
Landisville Railroad, LLC

    LVR Railroad LLC (LVR), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1150.31 to acquire from Landisville Railroad, 
LLC (Landisville), and operate a rail line located between 
approximately milepost 30.77, at the connection with Norfolk Southern 
Railway Company on the Harrisburg Line, owned by National Railroad 
Passenger Corporation (Amtrak), and approximately milepost 32.69, at 
the end of the track, north of Stony Battery Road, in West Hempfield, 
Lancaster County, Pa. (the Line).
    The verified notice states that LVR and Landisville will shortly 
execute a purchase agreement under which LVR will purchase the Line 
from Landisville. LVR states that it intends to provide common carrier 
service over the Line upon consummation of the proposed transaction.

[[Page 73087]]

    LVR certifies that its projected annual revenues as a result of 
this transaction will not exceed the maximum revenue of a Class III 
rail carrier and will not exceed $5 million. LVR also certifies that 
the subject agreements do not contain any provisions that would limit 
LVR's future interchange of traffic on the Line with a third-party 
connecting carrier.
    The earliest this transaction may be consummated is January 7, 
2022, 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 for stay must be filed no later than December 30, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36565, 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 LVR's 
representative, Audrey L. Brodrick, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to LVR, 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 20, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-27850 Filed 12-22-21; 8:45 am]
BILLING CODE 4915-01-P