Notice2022-11464
Texas Coastal Bend Railroad, L.L.C.-Change in Operator Exemption-Corpus Christi Terminal Railroad, Inc.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
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]
[Page 32223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11464]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36594]
Texas Coastal Bend Railroad, L.L.C.--Change in Operator
Exemption--Corpus Christi Terminal Railroad, Inc.
Texas Coastal Bend Railroad, L.L.C. (TCBR), a noncarrier, has filed
a verified notice of exemption pursuant to 49 CFR 1150.31 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, which runs parallel with the south shoreline of Nueces
Bay (the Line). Incidental to the proposed operation of the Port-owned
Line, TCBR will acquire overhead trackage rights over a connecting
Union Pacific Railroad Company (UP) line extending between
approximately UP milepost 140.5 near the west leg of the Fulton Wye
Connection and approximately UP milepost 149.0, all in Nueces County,
Tex. Corpus Christi Terminal Railroad, Inc. (CCTR) currently operates
the Line under a lease with the Port and has done so since 1997. See
Corpus Christi Terminal R.R.--Lease & Operation Exemption--Port of
Corpus Christi Auth. of Nueces Cnty., Tex., FD 33436 (STB served Aug.
14, 1997).
According to the verified notice, TCBR has entered into an
agreement with the Port under which TCBR will replace CCTR as the
common carrier on the Line. TCBR states that CCTR does not object to
the proposed change in common carrier operator on the Line. Based on
projected annual revenues for the Line, TCBR expects to become a Class
III rail carrier after consummation of the proposed transaction.
This transaction is related to a concurrently filed verified notice
in Watco Holdings--Continuance in Control Exemption--Texas Coastal Bend
Railroad, Docket No. FD 36595, in which Watco Holdings, Inc., seeks to
continue in control of TCBR upon TCBR's becoming a Class III rail
carrier.
As required under 49 CFR 1150.33(h)(1), TCBR certifies that the
agreements governing this transaction do not include any provision or
agreement that may limit future interchange with a third-party
connecting carrier.
TCBR certifies that its projected annual revenues as a result of
the transaction will not result in the creation of a Class I or Class
II rail carrier but also states that it expects its annual revenues to
exceed $5 million following the transaction. Pursuant to 49 CFR
1150.32(e), if a carrier's projected annual revenues will exceed $5
million, it must, at least 60 days before the exemption becomes
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. TCBR states that it complied with the advance notice
posting requirements of 49 CFR 1150.32(e) on March 21, 2022, and that
TCBR has been advised that no labor union represents CCTR employees and
that the Port has no employees that conduct rail operations on the
Line.
Under 49 CFR 1150.32(b), a change in operator exemption requires
that notice be given to shippers. TCBR certifies that it has provided
notice of the proposed change in operator to the shippers on the Line.
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).
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 36594, 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
TCBR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to TCBR, this action is categorically excluded from
historic preservation reporting requirements under 49 CFR 1105.8(b) and
from environmental reporting requirements under 49 CFR 1105.6(c).
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. 2022-11464 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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