3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC, Regional Rail Holdings, LLC, and Regional Rail, LLC-Control Exemption-Carolina Coastal Railway, Inc., 8620 [2020-03031]

Download as PDF 8620 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Notices members will have sufficient medical resources at a diplomatic mission abroad to maintain the health and fitness of the individual and family members. Methodology The respondent will obtain the DS– 3057 form from their human resources representative or download the form from a Department website. The respondent will complete and submit the form offline. Karl Field, Director of Medical Clearances. [FR Doc. 2020–03037 Filed 2–13–20; 8:45 am] BILLING CODE 4710–36–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36383] 3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC, Regional Rail Holdings, LLC, and Regional Rail, LLC—Control Exemption—Carolina Coastal Railway, Inc. khammond on DSKJM1Z7X2PROD with NOTICES 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 Douglas S. Golden the stock and control of the Carolina Coastal Railway, Inc. (CLNA), a Class III rail carrier that operates in North Carolina and South Carolina.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 CLNA.2 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 is a holding company that directly controls the following six 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; (3) Tyburn Railroad LLC, which operates in Pennsylvania; (4) the Florida Central 1 The verified notice states that CLNA operates generally between: (1) Chocowinity, N.C., and Raleigh, N.C.; (2) Phosphate Junction, N.C., and Plymouth, N.C.; (3) Rocky Mount, N.C., and Spring Hope, N.C.; (4) Belhaven, N.C., and Pinetown, N.C.; (5) Morehead City, N.C., and Radio Island, N.C.; and (6) Blacksburg, S.C., and Kings Creek, S.C. 2 On January 31, 2020, 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. VerDate Sep<11>2014 16:56 Feb 13, 2020 Jkt 250001 Railroad LLC, which operates in Florida; (5) Florida Midland Railroad Company, Inc., which operates in Florida; and (6) Florida Northern Railroad Company, Inc., which operates in Florida (collectively, the Subsidiary Railroads).3 3i RR and Regional Rail certify that the proposed transaction does not involve an interchange commitment. The verified notice states that: (1) CLNA does not connect with the Subsidiary Railroads; (2) the acquisition of control of CLNA is not intended to connect with 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). The earliest this transaction may be consummated is March 1, 2020, 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 March 1, 2020. 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 to stay must be filed no later than February 21, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36383, 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 3 See Regional Rail Holdings, LLC—Acquis. of Control Exemption—Regional Rail, LLC, FD 35945 (STB served Aug. 7, 2015); 3i RR Holdings GP LLC—Control Exemption—Regional Rail Holdings, LLC, FD 36289 (STB served Apr. 19, 2019); 3i RR Holdings GP LLC—Control Exemption—Fla. Cent. R.R., FD 36365 (STB served Nov. 22, 2019). PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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: February 10, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk . [FR Doc. 2020–03031 Filed 2–13–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36378] The Mahoning Valley Railway Company—Acquisition and Operation—L.W.R., Inc. and OHI-Rail Corp. The Mahoning Valley Railway Company (MVRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from L.W.R., Inc. (LRW) and OHI-Rail Corp. (OHI-Rail) and operate approximately 44.7 miles of the following lines of railroad in Carroll, Stark, Columbiana, Jefferson, and Harrison Counties, Ohio: (1) The Tuscarawas Industrial Track LC 40– 2427, from milepost 0.0 at the point of connection to the Bayard siding in Bayard to milepost 2.9, located 175 feet west of Grant Street in Minerva, including an operating easement between mileposts 2.7 and 2.9; (2) the Piney Fork Industrial Track LC 40–2446, from milepost 40.9 in Minerva to milepost 43.5 including all track, facilities, and property comprising Minerva Yard; (3) the Horn Track, a short connecting track between the Tuscarawas Industrial Track and the Piney Fork Industrial Track, between Grant Street and Sandy Creek Bridge; (4) a continuous line of track from the Minerva Yard limits at milepost 43.50 in Minerva to Hopedale Junction at milepost 77.50; (5) the Wolf Run Branch LC 2449, beginning in Springfield Township (Phillips), Jefferson County, at milepost 0.0 and extending in a general southerly direction to its end at milepost 3.8; and (6) the Tuscarawas Secondary Track LC 2427 beginning in Minerva at a point approximately 175 feet west of milepost 2.7 and extending in a general westerly direction through Pekin to its ending in Pekin at milepost 4.3 (collectively, the Lines). According E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

Surface Transportation Board

[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Notices]
[Page 8620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03031]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36383]


3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC, 
Regional Rail Holdings, LLC, and Regional Rail, LLC--Control 
Exemption--Carolina Coastal Railway, 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 Douglas S. Golden 
the stock and control of the Carolina Coastal Railway, Inc. (CLNA), a 
Class III rail carrier that operates in North Carolina and South 
Carolina.\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 CLNA.\2\
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    \1\ The verified notice states that CLNA operates generally 
between: (1) Chocowinity, N.C., and Raleigh, N.C.; (2) Phosphate 
Junction, N.C., and Plymouth, N.C.; (3) Rocky Mount, N.C., and 
Spring Hope, N.C.; (4) Belhaven, N.C., and Pinetown, N.C.; (5) 
Morehead City, N.C., and Radio Island, N.C.; and (6) Blacksburg, 
S.C., and Kings Creek, S.C.
    \2\ On January 31, 2020, 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.
---------------------------------------------------------------------------

    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 is a holding company that directly controls the following six 
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; (3) Tyburn Railroad LLC, which operates in 
Pennsylvania; (4) the Florida Central Railroad LLC, which operates in 
Florida; (5) Florida Midland Railroad Company, Inc., which operates in 
Florida; and (6) Florida Northern Railroad Company, Inc., which 
operates in Florida (collectively, the Subsidiary Railroads).\3\ 3i RR 
and Regional Rail certify that the proposed transaction does not 
involve an interchange commitment.
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    \3\ See Regional Rail Holdings, LLC--Acquis. of Control 
Exemption--Regional Rail, LLC, FD 35945 (STB served Aug. 7, 2015); 
3i RR Holdings GP LLC--Control Exemption--Regional Rail Holdings, 
LLC, FD 36289 (STB served Apr. 19, 2019); 3i RR Holdings GP LLC--
Control Exemption--Fla. Cent. R.R., FD 36365 (STB served Nov. 22, 
2019).
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    The verified notice states that: (1) CLNA does not connect with the 
Subsidiary Railroads; (2) the acquisition of control of CLNA is not 
intended to connect with 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).
    The earliest this transaction may be consummated is March 1, 2020, 
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 March 1, 2020.
    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 to stay must be filed no later than February 21, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36383, 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: February 10, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk .
[FR Doc. 2020-03031 Filed 2-13-20; 8:45 am]
 BILLING CODE 4915-01-P

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