Notice2026-09724
OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, and Jaguar Rail Holdings, LLC-Continuance in Control Exemption-Northeast Atlanta Railroad, LLC
Primary source
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Published
May 15, 2026
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Notices]
[Pages 28093-28094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09724]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36915]
OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC,
and Jaguar Rail Holdings, LLC--Continuance in Control Exemption--
Northeast Atlanta 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
Northeast Atlanta Railroad, LLC (NEAR), upon NEAR's becoming a Class
III rail carrier. The verified notice states that NEAR is a directly
controlled holding of JRH, which is directly controlled by JTH, which
is indirectly controlled by OPTrust. Jaguar
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collectively controls 13 Class III rail carriers.\1\
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\1\ Those carriers, and the states in which they operate, are:
(1) Southwestern Railroad, Inc.--New Mexico, Texas, and Oklahoma;
(2) Texas & Eastern Railroad, LLC--Texas; (3) Wyoming and Colorado
Railroad, Inc. (which also does business under the name Oregon
Eastern Railroad)--Oregon; (4) Missouri Eastern Railroad, LLC--
Missouri; (5) Charlotte Western Railroad, LLC--North Carolina; (6)
Kinston Railroad, LLC--North Carolina; (7) Waterloo Railroad LLC--
Iowa; (8) Cimarron Valley Railroad, L.C.--Kansas, Colorado, and
Oklahoma; (9) Washington Eastern Railroad, LLC--Wahington; (10)
Central Washington Railroad Company, LLC--Washington; (11) Columbia
Basin Railroad Company, LLC--Washington; (12) Kansas City West
Bottoms Railroad--Kansas and Missouri; and (13) West Memphis Base
Railroad, L.L.C.--Arkansas.
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This transaction is related to a concurrently filed verified notice
of exemption in Northeast Atlanta Railroad, LLC--Lease & Operation
Exemption with Interchange Commitment--Norfolk Southern Railway, Docket
No. FD 36916, in which NEAR seeks Board approval to lease from Norfolk
Southern Railway Company (NSR) and operate approximately 1.15 miles of
rail line extending from the Stone Mountain Lead Switch at
approximately milepost 620.64 on NSR's Greenville District, near
Doraville, Ga., into the Doraville Industrial Complex.
Jaguar represents that its control of NEAR upon NEAR's becoming a
rail common carrier is not a transaction where: (1) NEAR would connect
with any other Jaguar railroads; (2) Jaguar plans to connect NEAR with
any other Jaguar railroads; or (3) a Class I carrier is involved.
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 May 30, 2026,
the effective date of the exemption (corresponding with the effective
date of the related exemption in Docket No. FD 36916).\2\ 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 May 22, 2026 (at least seven days
before the exemption becomes effective).
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\2\ In a decision served April 29, 2026, the effective date of
both exemptions was postponed to allow for supplementation of
missing exhibits in Docket No. FD 36916. Supplementation was
completed on April 30, 2026, and that exemption is scheduled to
become effective May 30, 2026.
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All pleadings, referring to Docket No. FD 36915, 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, Stephen J. Foland, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Jaguar, 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).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: May 12, 2026.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2026-09724 Filed 5-14-26; 8:45 am]
BILLING CODE 4915-01-P
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