Notice2022-11463
Watco Holdings, Inc.-Continuance in Control Exemption-Texas Coastal Bend Railroad, L.L.C.
Primary source
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Published
May 27, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 103 (Friday, May 27, 2022)</title>
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32223-32224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11463]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36595]
Watco Holdings, Inc.--Continuance in Control Exemption--Texas
Coastal Bend 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
Texas Coastal Bend Railroad, L.L.C. (TCBR), a noncarrier controlled by
Watco, upon TCBR's becoming a Class III rail carrier.
This transaction is related to a verified notice of exemption filed
concurrently in Texas Coastal Bend Railroad--Change in Operator
Exemption--Corpus Christi Terminal Railroad, Docket No. FD 36594, in
which TCBR seeks to assume operation of approximately 12.0 miles of
rail line owned by the Port of Corpus Christi Authority of Nueces
County, Tex. (the Port), located on the north and south sides of the
Inner Harbor of the Corpus Christi Ship Channel, along with incidental
trackage rights.
The transaction may be consummated on or after June 12, 2022, the
effective date of the exemption (30 days after the verified notice was
filed).
According to the verified notice, Watco currently controls 42 Class
III railroads and one Class II railroad, collectively operating in 28
states. For a complete list of these rail carriers and the states in
which they operate, see the Appendix to Watco's May 13, 2022 verified
notice of exemption, available at <a href="http://www.stb.gov">www.stb.gov</a>.
Watco represents that: (1) The rail line to be operated by TCBR
does not connect with the rail lines of any of the rail carriers
currently controlled by Watco; (2) this transaction is not part of a
series of anticipated transactions that would connect TCBR with any
railroad in the 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
[[Page 32224]]
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 June 3, 2022
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36595, 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
Watco's representative, Bradon J. Smith, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 24, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2022-11463 Filed 5-26-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on May 27, 2022.
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