[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Page 62592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24583]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36551]


OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, 
and Jaguar Rail Holdings, LLC--Continuance in Control Exemption--
Missouri Eastern 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), all noncarriers, have filed a verified notice 
of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Missouri Eastern Railroad, LLC (MER), a noncarrier established by 
Jaguar to acquire a railroad line (and related, incidental overhead 
trackage rights) in Missouri, upon MER's becoming a Class III rail 
carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Missouri Eastern Railroad--Acquisition & Change of 
Operator Exemption--V and S Railway, Docket No. FD 36550. In that 
proceeding, MER has filed a verified notice of exemption pursuant to 49 
CFR 1150.31 to acquire: (1) From V and S Railway, LLC, an 
approximately42.89-mile rail line between milepost 19.0 near Vigus, 
Mo., and milepost 61.89 near Union, Mo.; and (2) incidental overhead 
trackage rights over a rail line owned by Union Pacific Railroad 
Company between milepost 19.0 near Vigus and milepost 10.3 at Rock 
Island Junction, Mo.
    Jaguar states that it will continue in control of MER upon MER's 
becoming a Class III rail carrier. According to the verified notice, 
OPTrust indirectly controls JTH, which currently controls, indirectly: 
Three Class III railroads directly controlled by JRH--Southwestern 
Railroad, Inc., Texas & Eastern Railroad, LLC, and Wyoming and Colorado 
Railroad, Inc., (WYCO) (which also does business under the name Oregon 
Eastern Railroad); two Class III railroads indirectly controlled by JRH 
through WYCO--Cimarron Valley Railroad, L.C., and Washington Eastern 
Railroad, LLC; and one Class III railroad indirectly controlled by JTH 
through its subsidiary Jaguar Transport, LLC--West Memphis Base 
Railroad, L.L.C. The lines of the rail carriers controlled by JTH and 
JRH are located in Arkansas, Colorado, Kansas, Missouri, New Mexico, 
Oklahoma, Oregon, and Washington.
    Jaguar states that: (1) The Line does not connect with any other 
rail lines operated by carriers controlled by JTH or JRH and none of 
those rail lines connect with each other; (2) the continuance in 
control transaction is not part of a series of anticipated transactions 
that would connect the Line with any other rail lines in the JTH or JRH 
corporate families or that would connect any of those rail lines with 
each other; and (3) the transaction does not involve a Class I rail 
carrier. Therefore, the proposed 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. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    The earliest this transaction may be consummated is November 24, 
2021, the effective date of the exemption (30 days after the verified 
notice was filed). 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 to stay must be filed no later than 
November 17, 2021.
    All pleadings, referring to Docket No. FD 36551, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Jaguar's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606.
    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)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 5, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021-24583 Filed 11-9-21; 8:45 am]
BILLING CODE 4915-01-P