Notice2024-19364
OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, and Jaguar Rail Holdings, LLC-Continuance in Control Exemption-Waterloo Railroad, LLC
Primary source
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Published
August 28, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
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[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68978-68979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19364]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36797]
OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC,
and Jaguar Rail Holdings, LLC--Continuance in Control Exemption--
Waterloo Railroad, LLC
OPSEU Pension Plan Trust Fund (OPTrust), Jaguar Transport Holdings,
LLC (JTH), and Jaguar Rail Holdings, LLC (JRH, and collectively with
OPTrust and JTH, Jaguar), each a noncarrier, have filed a verified
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of
Waterloo Railroad, LLC (WTRL), upon WTRL's becoming a Class III rail
carrier. WTRL is a directly controlled holding of JRH. OPTrust
indirectly controls JTH, which directly controls JRH. Jaguar
collectively controls nine Class III rail carriers. (See Notice 4.)
This transaction is related to a concurrently filed verified notice
of exemption in Waterloo Railroad, LLC--Change of Operator Exemption
with Interchange Commitment--Union Pacific Railroad Company, Docket No.
FD 36798, in which WTRL seeks Board approval to lease and operate
[[Page 68979]]
approximately 6.9 miles of rail line owned by Union Pacific Railroad
Company, extending between milepost 325.1 and milepost 332.0, in Black
Hawk County, Iowa (the Line), replacing the Line's current operator,
Iowa Northern Railway Company.
Jaguar represents that: (1) WTRL does not connect with any
railroads in Jaguar's corporate family; (2) the transaction is not part
of a series of anticipated transactions that would connect WTRL with
the rail lines of any other carrier in Jaguar's corporate family; and
(3) the transaction does not involve a Class I 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. 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,
because this transaction involves Class III rail carriers only, the
Board may not impose labor protective conditions here.
The earliest this transaction may be consummated is September 6,
2024, the effective date of the exemption. 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(g) 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 by August 30, 2024 (at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No. FD 36797, 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
Jaguar's representative, William A. Mullins, Mullins Law Group PLLC,
2001 L Street NW, Suite 720, Washington, DC 20036.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: August 23, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2024-19364 Filed 8-27-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 28, 2024.
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