[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64616-64617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25331]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36365]
3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC,
Regional Rail Holdings, LLC, and Regional Rail, LLC--Control
Exemption--Florida Central Railroad Company, Inc., Florida Midland
Railroad Company, Inc., and Florida Northern Railroad Company, Inc.
3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC, and
Regional Rail Holdings, LLC (collectively, 3i RR), and Regional Rail,
LLC (Regional Rail), all noncarriers, have filed a verified notice of
exemption under 49 CFR 1180.2(d)(2) to acquire from Pinsly Railroad
Company control of Florida Central Railroad Company, Inc. (Central),
Florida Midland Railroad Company, Inc. (Midland), and Florida Northern
Railroad Company, Inc. (Northern) (collectively, the Florida
Railroads), all Class III rail carriers operating in Florida.\1\
According to the verified notice, the proposed transaction will allow
Regional Rail to acquire direct control, and 3i RR to acquire indirect
control, of the Florida Railroads.
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\1\ The verified notice states that Central operates between
Umatilla and Orlando, with branch lines between Toronto and Winter
Garden and between Tavares and Sorrento; Midland operates between
Frostproof and West Lake Wales and between Gordonville and Winter
Haven; and Northern operates between Red Level Jct. and north of
Newberry and between Candler and Lowell.
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The earliest this transaction may be consummated is December 6,
2019, the effective date of the exemption (30 days after the verified
notice was filed). The verified notice states that the parties intend
to consummate the transaction on or after January 3, 2020.\2\
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\2\ On November 6, 2019, 3i RR and Regional Rail filed a motion
for protective order under 49 CFR 1104.14(b), which will be
addressed in a separate decision.
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According to the verified notice, 3i RR Holdings GP LLC controls 3i
Holdings Partnership L.P., which controls 3i RR LLC, which controls
Regional Rail Holdings, LLC, which controls Regional Rail. Regional
Rail Holdings, LLC, is a holding company that directly controls the
following three Class III rail carriers: (1) East Penn Railroad, LLC,
which operates in Delaware and Pennsylvania; (2) Middletown & New
Jersey Railroad, LLC, which operates in New York; and (3) Tyburn
Railroad LLC, which operates in Pennsylvania (collectively, the
Subsidiary Railroads).\3\
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\3\ In Regional Rail Holdings, LLC--Acquisition of Control
Exemption--Regional Rail, LLC, FD 35945 (STB served Aug. 7, 2015),
Regional Rail Holdings, LLC, acquired control of the Subsidiary
Railroads. In 3i RR Holdings GP LLC--Control Exemption--Regional
Rail Holdings, LLC, FD 36289 (STB served Apr. 19, 2019), 3i RR
Holdings GP LLC, 3i Holdings Partnership L.P., and 3i RR LLC,
acquired direct control of Regional Rail Holdings, LLC, and indirect
control of the Subsidiary Railroads.
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The verified notice states that: (1) The Florida Railroads do not
connect with each other or with the Subsidiary Railroads; (2) the
acquisition of control of the Florida Railroads is not intended to
connect them to any other railroads in 3i RR's corporate family; and
(3) the proposed transaction does not involve a Class I rail carrier.
The proposed transaction is therefore 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.
[[Page 64617]]
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 29,
2019 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36365, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street, SW, Washington, DC 20423-0001. In addition,
a copy of each pleading must be served on applicants' representative,
Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore
Ave., Suite 301, Towson, MD 21204.
According to the verified notice, this action is categorically
excluded from environmental review under 49 CFR 1105.6(c) and from
historic preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: November 18, 2019.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-25331 Filed 11-21-19; 8:45 am]
BILLING CODE 4915-01-P