[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23345-23346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09106]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36006]
West Branch Intermediate Holdings, LLC and Continental Rail,
LLC--Continuance in Control Exemption--Central Gulf Acquisition Company
West Branch Intermediate Holdings, LLC (West Branch) and
Continental Rail, LLC (Continental), both
[[Page 23346]]
noncarriers, have filed a verified notice of exemption pursuant to 49
CFR 1180.2(d)(2) to continue in control of Central Gulf Acquisition
Company (CGAC) upon CGAC's becoming a Class III rail carrier.\1\
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\1\ The parties state that: (1) West Branch is a limited
liability company, formed for the purpose of acquiring shortline
railroads; (2) Continental is a limited liability company, formed
for the purpose of managing and operating shortline railroads; and
(3) West Branch's wholly owned subsidiary, Delta Southern Railroad,
Inc. (DSR), is an existing Class III rail carrier. West Branch
states that it acquired the stock of DSR from its former owners in a
transaction outside of the Board's jurisdiction.
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This transaction is related to (1) a concurrently filed verified
notice of exemption in Central Gulf Acquisition Co.--Acquisition &
Operation Exemption--CG Railway, Inc., Docket No. FD 36007, wherein
CGAC seeks Board approval to acquire CG Railway, Inc., a Class III rail
carrier, from International Shipholding Corporation, and provide an
intermodal rail/water service between Mobile, Ala., and Coatzacoalcos,
Veracruz, Mexico, utilizing charters of railroad car ferries equipped
with tracks.\2\
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\2\ In Docket No. FD 36007, CGAC also filed a petition to waive
the 60-day labor notice requirements of 49 CFR 1150.32(e) in order
for the acquisition and operation transaction to be consummated on
or before the scheduled consummation date. The notice and petition
for waiver in FD 36007 will be addressed in a separate decision.
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The transaction in this proceeding may be consummated on or after
May 4, 2016, the effective date of the exemption (30 days after the
verified notice of exemption was filed).
West Branch and Continental certify that: (1) The rail lines to be
operated by CGAC do not connect with any other railroads in the
corporate family; (2) the transaction is not part of a series of
anticipated transactions that would connect these rail lines with each
other or any railroad in their corporate family; and (3) the
transaction does not involve a Class I rail 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. Section 11326(c), however, does
not provide for labor protection for transactions under Sec. Sec.
11324 and 11325 that involve only Class III rail carriers. Accordingly,
the Board may not impose labor protective conditions here because all
of the carriers involved are Class III carriers.
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. Stay petitions must be filed no later than April 27, 2016
(at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 36006, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, one copy of each
pleading must be served on John D. Heffner, Strasburger & Price, LLP,
1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: April 15, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-09106 Filed 4-19-16; 8:45 am]
BILLING CODE 4915-01-P