Notice2023-02183
Stefan Soloviev, Executor, Estate of Sheldon H. Solow-Continuance in Control Exemption-Colorado Pacific Rio Grande 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
February 2, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 22 (Thursday, February 2, 2023)</title>
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[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7126-7127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02183]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36662]
Stefan Soloviev, Executor, Estate of Sheldon H. Solow--
Continuance in Control Exemption--Colorado Pacific Rio Grande Railroad,
LLC
Stefan Soloviev, Executor, Estate of Sheldon H. Solow (the Estate),
a noncarrier, has filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of the Colorado Pacific Rio Grande
Railroad, LLC (CP Rio Grande), a noncarrier controlled by the Estate,
upon CP Rio Grande's becoming a Class III rail carrier. According to
the verified notice, the Estate currently controls 50% of KCVN, LLC,
which in turn owns 100% of the Colorado Pacific Railroad, LLC (CXR), a
Class III carrier.
In December 2022, CP Rio Grande filed a verified notice of
exemption in Colorado Pacific Rio Grande Railroad, LLC--Acquisition &
Operation Exemption Containing Interchange Commitment--San Luis & Rio
Grande Railroad, Inc., Docket No. FD 36656, for authority to acquire,
in bankruptcy, and operate substantially all of the tracks and other
rail assets of the San Luis & Rio Grande Railroad, Inc. (SLRG), between
milepost 299.30 near Derrick, Colo., and milepost 180.00 near
Walsenberg, Colo., and between milepost 251.7 at Alamosa, Colo., and
milepost 281.78 at Antonito, Colo., a total distance of approximately
149.38 miles (the Lines), and incidental trackage rights conveyed to
SLRG by Union Pacific Railroad Company in the vicinity of Walsenburg
between milepost 180.00 and milepost 175.00.\1\
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\1\ Notice of the exemption was served and published in the
Federal Register on January 5, 2023 (88 FR 899). The exemption
became effective on January 19, 2023.
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The earliest this transaction may be consummated is February 16,
2023, the effective date of the exemption (30 days after the verified
notice was filed).
The Estate will continue in control of CP Rio Grande upon CP Rio
Grande's becoming a Class III rail carrier, while remaining in control
of one other Class III carrier, CXR.
The Estate verifies that: (1) the Lines do not connect with the
lines of the one other Class III railroad currently controlled by the
Estate; (2) this continuance in 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. 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
the carriers involved are Class III carriers.
If the 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 February 9, 2023 (at
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36662, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423. In addition, a copy
of each pleading must be served on the Estate's representative, Thomas
W. Wilcox, Law Office of Thomas W. Wilcox, LLC, 1629 K Street NW, Suite
300, Washington, DC 20006.
According to the Estate, this action is excluded from environmental
review under 49 CFR 1105.6(c) and from historic preservation reporting
requirements under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: January 27, 2023.
[[Page 7127]]
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02183 Filed 2-1-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 2, 2023.
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