[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Notices]
[Pages 35959-35960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14382]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36865]
OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC,
and Jaguar Rail Holdings, LLC--Control Exemption--Columbia Basin
Railroad Company, LLC
OPSEU Pension Plan Trust Fund (OPTrust), Jaguar Transport Holdings,
LLC (JTH), and Jaguar Rail Holdings, LLC (JRH) (collectively, Jaguar),
each a noncarrier, have filed a verified notice of exemption under 49
CFR 1180.2(d)(2) to acquire control of Columbia Basin Railroad Company,
LLC (CBRW). CBRW \1\ is an existing Class III railroad common
carrier.\2\
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\1\ The verified notice indicates that CBRW was formerly a
corporation--Columbia Basin Railroad Company, Inc.--that has
reconstituted as a limited liability company.
\2\ See Columbia Basin R.R.--Acquisition & Operation Exemption--
BNSF Ry., FD 35066 (STB served Nov. 16, 2007).
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According to the verified notice, OPTrust indirectly controls JTH,
which, in turn, directly controls JRH. JTH currently controls,
indirectly, 11 Class III railroads. Of the 11 railroads currently under
JTH's indirect control, eight \3\ are controlled directly by JRH. JRH
also indirectly controls two \4\ other railroads through WYCO. JTH
indirectly controls West Memphis Base Railroad, L.L.C., through Jaguar
Transport, LLC, a separate JTH subsidiary affiliated with JRH.\5\
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\3\ 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. (WYCO) (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); and (8) Kansas City West Bottoms Railroad, LLC (Missouri
and Kansas).
\4\ Those carriers, and the states in which they operate, are:
(1) Cimarron Valley Railroad, L.C. (Kansas, Colorado, and Oklahoma);
and (2) Washington Eastern Railroad, LLC (Washington).
\5\ Concurrent with this acquisition of control notice of
exemption, Jaguar is filing a separate notice of exemption to
authorize Jaguar's acquisition of control of another Class III rail
carrier, Central Washington Railroad Company, LLC (CWAR), in Docket
No. FD 36866. CWAR's lines and CBRW's lines are each located in the
State of Washington, but CWAR's and CBRW's railroad networks do not
connect or intersect.
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Pursuant to a Unit Purchase Agreement, Jaguar proposes to acquire
control of CBRW.\6\ According to the verified notice, the primary
purpose of the transaction is for Jaguar to add CBRW to its various
short line holdings. The verified notice further states that the
transaction will promote Jaguar's investment objectives and sustain its
railroads' efficiency, financial strength, and ability to meet customer
needs. Jaguar also states that the agreement does not include any
provision that would limit the future interchange of traffic with a
third-party connecting carrier.
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\6\ Public and confidential versions of the agreement were filed
with the verified notice. The confidential version was submitted
under seal concurrent with a motion for protective order, which was
granted on July 25, 2025.
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Jaguar represents that its acquisition of control of CBRW is not a
transaction where: (1) CBRW would connect with any of the Jaguar
railroads, (2) Jaguar plans through its acquisition of control of CBRW
to connect CBRW to any of the Jaguar railroads, or to connect any of
the Jaguar railroads to one another; or (3) a Class I carrier is
involved. The proposed transaction is therefore exempt from the prior
approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR
1180.2(d)(2).
This transaction may be consummated on or after August 13, 2025,
the effective date of the exemption (30 days after the verified notice
was filed).
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.
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 for stay must be filed no later than August 6,
2025.
[[Page 35960]]
All pleadings, referring to Docket No. FD 36865, 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, one 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 60606-3208.
According to Jaguar, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
July 25, 2025.
Decided: By the Board, Scott M. Zimmerman, Acting Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025-14382 Filed 7-29-25; 8:45 am]
BILLING CODE 4915-01-P