[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77889-77890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32068]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35575]


Watco Holdings, Inc.--Continuance in Control Exemption--Swan 
Ranch Railroad, L.L.C.

    Watco Holdings, Inc. (Watco) has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Swan Ranch Railroad, L.L.C. (SRR), upon SRR's becoming a Class III rail 
carrier.\1\
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    \1\ Watco owns 100% of the outstanding membership interests of 
SRR.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35574, Swan Ranch Railroad, L.L.C.--
Operation Exemption-Swan Industrial Park, wherein SRR seeks Board 
approval to operate 17,192 feet of track located within the Swan 
Industrial Park, in Cheyenne, Wyo., including Track Numbers 101, 105, 
and 109.
    Watco intends to consummate the transaction on or shortly after 
December 28, 2011 (the effective date of this notice).
    Watco currently controls 23 Class III rail carriers: Southern 
Kansas and Oklahoma Railroad, Inc.; Palouse River & Coulee City 
Railroad, L.L.C.; Timber Rock Railroad, L.L.C.; Stillwater Central 
Railroad, L.L.C.; Eastern Idaho Railroad, L.L.C.; Kansas & Oklahoma 
Railroad, L.L.C.; Pennsylvania Southwestern Railroad, L.L.C.; Great 
Northwest Railroad, L.L.C.; Kaw River Railroad, L.L.C.; Mission 
Mountain Railroad, L.L.C.; Mississippi Southern Railroad, L.L.C.; 
Yellowstone Valley Railroad, L.L.C.; Louisiana Southern Railroad, 
L.L.C.; Arkansas Southern Railroad, L.L.C.; Alabama Southern Railroad, 
L.L.C.; Vicksburg Southern Railroad, L.L.C.; Austin Western Railroad, 
L.L.C.; Baton Rouge Southern Railroad, L.L.C.; Pacific Sun Railroad, 
L.L.C.; Grand Elk Railroad, Inc.; Alabama Warrior Railway, L.L.C.; 
Boise Valley Railroad, L.L.C.; and Autauga Northern Railroad, L.L.C. 
The 23 Class III rail carriers operate rail lines in 18 States.
    Watco represents that: (1) The rail lines to be operated by SRR do 
not connect with any other railroads in the

[[Page 77890]]

Watco corporate family; (2) the continuance in control is not part of a 
series of anticipated transactions that would connect the rail lines to 
be operated by SRR with any other railroad in the Watco corporate 
family; 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 11324 and 11325 
that involve only Class III rail carriers. Accordingly, the Board may 
not impose labor protective conditions here because all of 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. 
Stay petitions must be filed no later than December 21, 2011 (at least 
7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35575, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Karl Morell, Of Counsel, Ball Janik, LLP, 
Suite 225, Fifteenth Street NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 9, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White.
Clearance Clerk,
[FR Doc. 2011-32068 Filed 12-13-11; 8:45 am]
BILLING CODE 4915-01-P