[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Notices]
[Page 35591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12567]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36590]


Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, 
First State Infrastructure Managers (International) Limited, Global 
Diversified Infrastructure Fund (North America) LP, and Mitsubishi UFJ 
Financial Group, Inc.--Continuance in Control Exemption--Merced County 
Central Valley Railroad, LLC

    Patriot Rail Company LLC, SteelRiver Transport Ventures LLC, First 
State Infrastructure Managers (International) Limited, Global 
Diversified Infrastructure Fund (North America) LP, 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 
continue in control of Merced County Central Valley Railroad, LLC 
(MCCVR) upon MCCVR's becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Merced County Central Valley Railroad--Lease & 
Operation Exemption--Track in Merced County, Cal., Docket No. FD 36589, 
in which MCCVR seeks to lease and commence common carrier operations 
over approximately 0.3 miles of track located at the Castle Commerce 
Center at Atwater in Merced County (the Line).
    According to the verified notice, Applicants currently control 
MCCVR in addition to 15 existing rail carriers in 14 states.\1\ 
Applicants state that they neither contemplate nor require an agreement 
to continue in control of MCCVR once it commences operations.
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    \1\ The verified notice lists the railroads as follows: (1) the 
Columbia & Cowlitz Railway, LLC; (2) DeQueen & Eastern Railroad, 
LLC; (3) Georgia Northeastern Railroad Company, LLC; (4) Golden 
Triangle Railroad, LLC; (5) Kingman Terminal Railroad, LLC; (6) 
Louisiana & North West Railroad Company; (7) Patriot Woods Railroad, 
LLC; (8) Rarus Railway, LLC (d/b/a Butte, Anaconda & Pacific Railway 
Company); (9) Sacramento Valley Railroad, LLC; (10) Salt Lake 
Garfield & Western Railway Company; (11) Temple & Central Texas 
Railway, LLC; (12) Tennessee Southern Railroad Company, LLC; (13) 
Texas & Oklahoma Eastern Railroad, LLC; (14) Utah Central Railway 
Company, LLC; and (15) West Belt Railway LLC (collectively, the 
Subsidiary Railroads).
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    The verified notice indicates that: (1) the Line 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 the 
Line or any of the Subsidiary Railroads with each other; and (3) the 
proposed 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).
    The earliest this transaction may be consummated is June 25, 2022, 
the effective date of the exemption (30 days after the verified notice 
was filed).\2\
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    \2\ Applicants supplemented their verified notice on April 29 
and May 26, 2022. Therefore, May 26, 2022, is considered the filing 
date for the purpose of calculating the effective date of the 
exemption.
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    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. Accordingly, 
the Board may not impose labor protective conditions here because all 
of the carriers involved are Class III rail 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. Petitions to stay must be filed no later than June 17, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36590, 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, a copy of each pleading must be served on 
Applicants' representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    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: June 7, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2022-12567 Filed 6-9-22; 8:45 am]
BILLING CODE 4915-01-P