Buckingham Branch Railroad Company-Acquisition Exemption-Norfolk Southern Railway Company, 80374 [2023-25492]

Download as PDF 80374 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. Decided: November 8, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Stefan Rice, Clearance Clerk. [FR Doc. 2023–25391 Filed 11–16–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36733] khammond on DSKJM1Z7X2PROD with NOTICES Buckingham Branch Railroad Company—Acquisition Exemption— Norfolk Southern Railway Company Buckingham Branch Railroad Company (BBRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Norfolk Southern Railway Company (NSR) approximately 58.1 route miles of railroad line extending from milepost F86.0 at Burkeville, Va., to milepost F65.8 at Keysville, Va. (historically known as the F Line), and from milepost D0.0 at Keysville to milepost D37.9 at Clarksville, Va. (historically known as the D Line) (collectively, the Lines). According to the verified notice, except for a portion of the F Line between milepost F86.0 and F84.8 at or near Burkeville, BBRR has operated the Lines pursuant to a lease since 2009. BBRR states that the parties have agreed in principle to the sale of the Lines from NSR to BBRR under the terms of a draft transaction agreement. The verified notice also states that BBRR intends to consummate the subject transaction on or after the effective date of this exemption, and that BBRR will provide all rail common carrier service on the Lines. BBRR certifies that the transaction agreement does not have an interchange commitment. BBRR further certifies that its projected annual revenues will not result in BBRR’s becoming a Class I or Class II rail carrier, but that its annual revenues currently exceed $5 million and are expected to continue to exceed $5 million following its acquisition of the Lines. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption is to become effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. On October 6, 2023, BBRR certified that VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 it had complied with those advance notice requirements. The transaction may be consummated on or after December 8, 2023, 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 1, 2023. All pleadings, referring to Docket No. FD 36733, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, one copy of each pleading must be served on BBRR’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to BBRR, 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: November 14, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–25492 Filed 11–16–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21112] TBL Group, Inc.—Acquisition of Control—East Coast Transportation Company of North Florida LLC Surface Transportation Board. Notice tentatively approving and authorizing finance transaction. AGENCY: ACTION: On October 19, 2023, TBL Group, Inc. (TBL Group or Applicant), a holding company, filed an application to acquire substantially all of the business operations and assets of East Coast Transportation Company of North Florida LLC (East Coast Transportation or Seller). The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. DATES: Comments may be filed by January 2, 2024. If any comments are filed, TBL Group may file a reply by SUMMARY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 January 16, 2024. If no opposing comments are filed by January 2, 2024, this notice shall be effective on January 3, 2024. ADDRESSES: Comments may be filed with the Board either via e-filing at www.stb.gov/proceedings-actions/efiling/other-filings/ or in writing addressed to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. Comments must reference Docket No. MCF 21112. In addition, one copy of comments must be sent to TBL Group’s representative: Barry Lewis, United States Transit Funding, Inc., P.O. Box 2563, Ormond Beach, FL 32175. FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245–0391. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. SUPPLEMENTARY INFORMATION: According to the application, TBL Group is a domestic for-profit incorporated entity headquartered in the state of Texas. TBL Group has been in operation since 2015 and has two wholly owned subsidiaries, GBJ, Inc. and Echo Tours & Charters LP, which primarily provide charter, tour, and local intercity and intracity transportation in the Houston-DallasSan Antonio, Texas corridor, as well as the Jacksonville, North Florida market. (Appl. 1–2 (pdf pages 3–4).) According to Applicant, its subsidiaries currently operate 189 commercial motor vehicles in the above-mentioned markets.1 (Id. at 2 (pdf page 4).) East Coast Transportation is an S Corporation with its principal place of business located in the state of Florida. (Id.) According to the application, East Coast Transportation is federally registered to provide passenger-carrier motor services and has been in operation for 14 years, providing charter service in Florida and other parts of the Southeast United States. (Id.) East Coast Transportation operates 23 motorcoaches and currently has no parent, subsidiary, or affiliate companies. (Id.) TBL Group clarified by letter filed October 30, 2023, that, through the proposed transaction, Seller intends to transfer 80% ownership and control of East Coast Transportation to TBL Group, under the name Echo East Coast Transportation, LLC (Echo East Coast Transportation), and Robert M. Sobol, Chief Executive Officer of East Coast Transportation, will hold 20% ownership of the company. (TBL Group Letter 1, Oct. 30, 2023.) 1 Additional information about the carriers, including U.S. Department of Transportation (USDOT) numbers, motor carrier numbers, and USDOT safety fitness ratings, can be found in the application. (See Appl. 1–3, 9 (pdf pages 3–5, 11).) E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Page 80374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25492]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36733]


Buckingham Branch Railroad Company--Acquisition Exemption--
Norfolk Southern Railway Company

    Buckingham Branch Railroad Company (BBRR), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Norfolk Southern Railway Company (NSR) approximately 
58.1 route miles of railroad line extending from milepost F86.0 at 
Burkeville, Va., to milepost F65.8 at Keysville, Va. (historically 
known as the F Line), and from milepost D0.0 at Keysville to milepost 
D37.9 at Clarksville, Va. (historically known as the D Line) 
(collectively, the Lines).
    According to the verified notice, except for a portion of the F 
Line between milepost F86.0 and F84.8 at or near Burkeville, BBRR has 
operated the Lines pursuant to a lease since 2009. BBRR states that the 
parties have agreed in principle to the sale of the Lines from NSR to 
BBRR under the terms of a draft transaction agreement. The verified 
notice also states that BBRR intends to consummate the subject 
transaction on or after the effective date of this exemption, and that 
BBRR will provide all rail common carrier service on the Lines.
    BBRR certifies that the transaction agreement does not have an 
interchange commitment. BBRR further certifies that its projected 
annual revenues will not result in BBRR's becoming a Class I or Class 
II rail carrier, but that its annual revenues currently exceed $5 
million and are expected to continue to exceed $5 million following its 
acquisition of the Lines. Pursuant to 49 CFR 1150.42(e), if a carrier's 
projected annual revenues will exceed $5 million, it must, at least 60 
days before the exemption is to become effective, post a notice of its 
intent to undertake the proposed transaction at the workplace of the 
employees on the affected lines, serve a copy of the notice on the 
national offices of the labor unions with employees on the affected 
lines, and certify to the Board that it has done so. On October 6, 
2023, BBRR certified that it had complied with those advance notice 
requirements.
    The transaction may be consummated on or after December 8, 2023, 
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 1, 
2023.
    All pleadings, referring to Docket No. FD 36733, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
BBRR's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to BBRR, 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: November 14, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-25492 Filed 11-16-23; 8:45 am]
BILLING CODE 4915-01-P
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