Cathcart Rail, LLC-Continuance in Control Exemption-Belpre Industrial Parkersburg Railroad, LLC, 48057 [2020-17265]
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Federal Register / Vol. 85, No. 153 / Friday, August 7, 2020 / Notices
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Trading and Markets, pursuant to delegated
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[FR Doc. 2020–17249 Filed 8–6–20; 8:45 am]
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Marie Therese Porter Royce,
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[FR Doc. 2020–17290 Filed 8–6–20; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36421]
Cathcart Rail, LLC—Continuance in
Control Exemption—Belpre Industrial
Parkersburg Railroad, LLC
Cathcart Rail, LLC (CRL), a noncarrier
holding company, has filed a verified
notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of
Belpre Industrial Parkersburg Railroad,
LLC (BIP), upon BIP’s becoming a Class
III rail carrier.1
This transaction is related to a
verified notice of exemption filed in
Docket No. FD 36388, where the Board
authorized BIP to lease and operate
approximately 46.9 miles of rail lines
(the Lines) and yard property owned by
CSX Transportation, Inc. See Belpre
Indus. Parkersburg R.R.—Lease &
Operation Exemption—CSX Transp.,
Inc., FD 36388 (STB served Apr. 3,
2020).2
The verified notice states that: (1) The
Lines to be operated by BIP do not
connect with those of BIR; (2) the
transaction is not part of a series of
anticipated transactions that would
connect the Lines to any of the tracks of
BIR; and (3) the 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 August 22,2020, the
effective date of the exemption (30 days
after the verified notice was filed).3
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
1 According to the verified notice, CRL currently
controls Bucyrus Industrial Railroad, LLC (BIR). See
also Bucyrus Indus. R.R.—Operation Exemption—
Bucyrus Railcar Repair, LLC, FD 36329, slip op. at
1 n.1 (STB served July 25, 2019).
2 CRL states that, due to an unintentional
oversight, it failed to file this verified notice of
exemption concurrently with the verified notice of
exemption in Docket No. FD 36388.
3 CRL requests that the exemption be effective
retroactive to the date BIP’s lease and operation
exemption became effective in Docket No. FD
36388. However, the class exemption invoked by
CRL does not provide for retroactive effectiveness.
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
48057
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 August 14, 2020 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36421, 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 CRL’s representative,
David F. Rifkind, Stinson LLP, 1775
Pennsylvania Avenue NW, Suite 800,
Washington, DC 20006.
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)(1).
Board decisions and notices are
available at www.stb.gov.
Decided: August 3, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020–17265 Filed 8–6–20; 8:45 am]
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[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Notices]
[Page 48057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17265]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36421]
Cathcart Rail, LLC--Continuance in Control Exemption--Belpre
Industrial Parkersburg Railroad, LLC
Cathcart Rail, LLC (CRL), a noncarrier holding company, has filed a
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in
control of Belpre Industrial Parkersburg Railroad, LLC (BIP), upon
BIP's becoming a Class III rail carrier.\1\
---------------------------------------------------------------------------
\1\ According to the verified notice, CRL currently controls
Bucyrus Industrial Railroad, LLC (BIR). See also Bucyrus Indus.
R.R.--Operation Exemption--Bucyrus Railcar Repair, LLC, FD 36329,
slip op. at 1 n.1 (STB served July 25, 2019).
---------------------------------------------------------------------------
This transaction is related to a verified notice of exemption filed
in Docket No. FD 36388, where the Board authorized BIP to lease and
operate approximately 46.9 miles of rail lines (the Lines) and yard
property owned by CSX Transportation, Inc. See Belpre Indus.
Parkersburg R.R.--Lease & Operation Exemption--CSX Transp., Inc., FD
36388 (STB served Apr. 3, 2020).\2\
---------------------------------------------------------------------------
\2\ CRL states that, due to an unintentional oversight, it
failed to file this verified notice of exemption concurrently with
the verified notice of exemption in Docket No. FD 36388.
---------------------------------------------------------------------------
The verified notice states that: (1) The Lines to be operated by
BIP do not connect with those of BIR; (2) the transaction is not part
of a series of anticipated transactions that would connect the Lines to
any of the tracks of BIR; and (3) the 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 August 22,2020,
the effective date of the exemption (30 days after the verified notice
was filed).\3\
---------------------------------------------------------------------------
\3\ CRL requests that the exemption be effective retroactive to
the date BIP's lease and operation exemption became effective in
Docket No. FD 36388. However, the class exemption invoked by CRL
does not provide for retroactive effectiveness.
---------------------------------------------------------------------------
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 August 14,
2020 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36421, 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 CRL's representative, David F.
Rifkind, Stinson LLP, 1775 Pennsylvania Avenue NW, Suite 800,
Washington, DC 20006.
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)(1).
Board decisions and notices are available at www.stb.gov.
Decided: August 3, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-17265 Filed 8-6-20; 8:45 am]
BILLING CODE 4915-01-P