[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Notices]
[Pages 7126-7127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    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