Notice2022-15669
Trans-Global Solutions, Inc.-Continuance in Control Exemption-TGS Cedar Port Railroad LLC
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
July 22, 2022
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43931-43932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15669]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36628]
Trans-Global Solutions, Inc.--Continuance in Control Exemption--
TGS Cedar Port Railroad LLC
Trans-Global Solutions Inc. (TGSI), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in
control TGS Cedar Port Railroad LLC (TGSC), a noncarrier controlled by
TGSI, upon TGSC's becoming a Class III rail carrier. According to the
verified notice, the proposed transaction will allow TGSI to continue
to exercise common control of TGSC and one other rail carrier, Austin
Area Terminal Railroad, Inc. (AATR).
This transaction is related to a concurrently filed verified notice
of exemption in TGS Cedar Port Railroad LLC--Operation Exemption--in
Chambers County, Tex., Docket No. FD 36627, in which TGSC seeks to
begin common carrier operations over approximately 1.28 miles of
presently unregulated track in Chambers County, Tex.
The verified notice states that TGSI controls AATR, a Class III
railroad that retains operating authority on certain
[[Page 43932]]
rail lines in and around Austin, Tex.\1\ TGSI certifies the proposed
transaction does not include a provision restricting future interchange
with a third-party connecting carrier.
---------------------------------------------------------------------------
\1\ See Austin W. R.R.--Operation Exemption--Cap. Metro. Transp.
Auth., FD 35072 (STB served Sept. 14, 2007); Austin Area Terminal
R.R.--Change in Operators Exemption--Trans-Glob. Sols., Inc., FD
33972 (STB served Dec. 20, 2002). TGSI asserts that the lines over
which AATR used to operate are now exclusively operated by Austin
Western Railroad, Inc., and that AATR intends to seek discontinuance
authority in the future.
---------------------------------------------------------------------------
TGSI represents that: (1) the rail line to be operated by TGSC
would not connect with the tracks over which AATR retains operating
authority; (2) the control transaction is not part of a series of
anticipated transactions that would result in such a connection; 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).
The transaction may be consummated on or after August 6, 2022, the
effective date of the exemption (30 days after the verified notice was
filed).
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. Because this
transaction involves Class III rail carriers only, the Board, under the
statute, may not impose labor protective conditions for this
transaction.
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 July 29, 2022
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36628, 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
TGSI's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to TGSI, 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: July 18, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2022-15669 Filed 7-21-22; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on July 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.