[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68978-68979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    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