R. J. Corman Railroad Company, LLC and R. J. Corman Railroad Group, LLC-Continuance in Control Exemption-R. J. Corman Railroad Company/Lehigh Line, LLC, R. J. Corman Railroad Company/Owego & Harford Line, Inc., and R. J. Corman Railroad Company/Luzerne & Susquehanna Line, LLC, 71131 [2020-24664]
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36431]
R. J. Corman Railroad Company, LLC
and R. J. Corman Railroad Group,
LLC—Continuance in Control
Exemption—R. J. Corman Railroad
Company/Lehigh Line, LLC, R. J.
Corman Railroad Company/Owego &
Harford Line, Inc., and R. J. Corman
Railroad Company/Luzerne &
Susquehanna Line, LLC
R. J. Corman Railroad Company, LLC
(RJCR) and R. J. Corman Railroad Group,
LLC (RJRG) (collectively, Applicants),1
have filed a verified notice of exemption
under 49 CFR 1180.2(d)(2) to continue
in control of R. J. Corman Railroad
Company/Lehigh Line, LLC (RJLR), R. J.
Corman Railroad Company/Luzerne &
Susquehanna Line, LLC (RJLS), and R.
J. Corman Railroad Company/Owego &
Harford Line, Inc. (RJOH),2 currently
noncarriers, upon RJLR, RJLS, and RJOH
becoming Class III rail carriers.
This transaction is related to the
following concurrently filed notices: (1)
R. J. Corman Railroad Company/Lehigh
Line, LLC—Change in Operators
Exemption with Interchange
Commitment—Lehigh Railway, LLC and
Norfolk Southern Railway Company,
Docket No. FD 36428, in which RJLR
seeks authority to assume the lease and
operation of 56.0 miles of rail line and
related industrial track located in
Bradford and Wyoming Counties, Pa.;
(2) R. J. Corman Railroad Company/
Luzerne & Susquehanna Line, LLC—
Change in Operators Exemption—
Luzerne and Susquehanna Railway Co.
and Luzerne County Rail Corporation,
Docket No. FD 36429, in which RJLS
seeks authority to assume the lease and
operation of approximately 41.19 miles
of rail line located in Luzerne and
Lackawanna Counties, Pa.; and (3) R. J.
Corman Railroad Company/Owego &
Harford Line, Inc.—Modified Certificate
of Public Convenience and Necessity,
Docket No. FD 36430, in which RJOH
filed a notice for a modified certificate
to assume the lease and operation of
approximately 27.6 miles of rail line
located between milepost 0.0 at Owego,
N.Y., and milepost 27.6 at North
Harford, N.Y.
1 The title of this proceeding is being updated to
reflect the fact that, in response to a decision served
on September 17, 2020, RJCR requested that RJRG
be added as an applicant in the proceeding. The
verified notice states that RJCR is a noncarrier and
wholly owned subsidiary of RJRG.
2 On August 27, 2020, RJCR and RJOH filed a
letter in this and a related docket with additional
information relating to a change in RJOH’s
corporate status from limited liability company to
corporation.
VerDate Sep<11>2014
19:00 Nov 05, 2020
Jkt 253001
The earliest this transaction may be
consummated is November 20, 2020, the
effective date of the exemption.
Applicants seek to continue in control
of RJLR, RJLS, and RJOH upon their
becoming Class III rail carriers, while
remaining in control of 15 other Class III
rail carriers, including two nonoperating rail carriers, collectively
operating in 11 states. For a complete
list of these rail carriers, see the verified
notice of exemption filed in this docket.
The notice is available at www.stb.gov.
The verified notice states that: (1)
RJLR, RJLS, and RJOH, and the railroads
under RJCR’s (and therefore
Applicants’) ownership and control,
would not connect with each other or
any other railroad in the corporate
family; (2) the continuance in control is
not part of a series of anticipated
transactions that would connect the
carriers with each other or any railroad
in their corporate family; and (3) the
transaction does not involve a Class I
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.
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 13, 2020
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36431, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, a copy of each pleading must
be served on Applicants’ representative,
David R. Irvin, Irvin Rigsby PLC, 110
North Main Street, Nicholasville, KY
40356.
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).
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
71131
Board decisions and notices are
available at www.stb.gov.
Decided: November 2, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020–24664 Filed 11–5–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36428]
R. J. Corman Railroad Company/
Lehigh Line, LLC—Change in
Operators, Lease and Operation
Exemption With Interchange
Commitment—Lehigh Railway, LLC
and Norfolk Southern Railway
Company
R. J. Corman Railroad Company/
Lehigh Line, LLC (RJLR), a noncarrier,
has filed a verified notice of exemption
pursuant to 49 CFR 1150.31 to change
operators and assume the lease and
operation of approximately 56.0 miles of
rail line between milepost IS 269.5 at
Athens, Pa., and milepost IS 213.5 at
Mehoopany, Pa., and related industrial
track, located in Bradford and Wyoming
Counties, Pa. (the Line). The Line is
currently operated by Lehigh Railway,
LLC (LR), pursuant to a lease with
Norfolk Southern Railway Company
(NSR).
According to RJLR, this transaction is
part of a larger transaction in which
noncarrier holding company R. J.
Corman Railroad Company, LLC (RJCR),
through RJLR and two other newly
formed noncarrier subsidiaries, has
entered into an agreement to purchase
the material assets of LR and two other
carriers under the ownership and
control of Stephen C. May and operate
those respective rail lines. Accordingly,
this transaction is related to a
concurrently filed verified notice of
exemption in R. J. Corman Railroad
Company, LLC & R. J. Corman Railroad
Group, LLC—Continuance in Control
Exemption—R. J. Corman Railroad
Company/Lehigh Line, LLC, R. J.
Corman Railroad Company/Owego &
Harford Line, Inc., and R. J. Corman
Railroad Company/Luzerne &
Susquehanna Line, LLC, Docket No. FD
36431,1 in which RJCR and RJRG seek
to continue in control of RJLR and the
other two newly formed subsidiaries
1 In response to a decision served on September
17, 2020 requesting additional information about
certain aspects of the larger transaction, RJCR
requested that R. J. Corman Railroad Group, LLC
(RJRG) be added as an applicant in Docket No. FD
36431.
E:\FR\FM\06NON1.SGM
06NON1
Agencies
[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Page 71131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24664]
[[Page 71131]]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36431]
R. J. Corman Railroad Company, LLC and R. J. Corman Railroad
Group, LLC--Continuance in Control Exemption--R. J. Corman Railroad
Company/Lehigh Line, LLC, R. J. Corman Railroad Company/Owego & Harford
Line, Inc., and R. J. Corman Railroad Company/Luzerne & Susquehanna
Line, LLC
R. J. Corman Railroad Company, LLC (RJCR) and R. J. Corman Railroad
Group, LLC (RJRG) (collectively, Applicants),\1\ have filed a verified
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of
R. J. Corman Railroad Company/Lehigh Line, LLC (RJLR), R. J. Corman
Railroad Company/Luzerne & Susquehanna Line, LLC (RJLS), and R. J.
Corman Railroad Company/Owego & Harford Line, Inc. (RJOH),\2\ currently
noncarriers, upon RJLR, RJLS, and RJOH becoming Class III rail
carriers.
---------------------------------------------------------------------------
\1\ The title of this proceeding is being updated to reflect the
fact that, in response to a decision served on September 17, 2020,
RJCR requested that RJRG be added as an applicant in the proceeding.
The verified notice states that RJCR is a noncarrier and wholly
owned subsidiary of RJRG.
\2\ On August 27, 2020, RJCR and RJOH filed a letter in this and
a related docket with additional information relating to a change in
RJOH's corporate status from limited liability company to
corporation.
---------------------------------------------------------------------------
This transaction is related to the following concurrently filed
notices: (1) R. J. Corman Railroad Company/Lehigh Line, LLC--Change in
Operators Exemption with Interchange Commitment--Lehigh Railway, LLC
and Norfolk Southern Railway Company, Docket No. FD 36428, in which
RJLR seeks authority to assume the lease and operation of 56.0 miles of
rail line and related industrial track located in Bradford and Wyoming
Counties, Pa.; (2) R. J. Corman Railroad Company/Luzerne & Susquehanna
Line, LLC--Change in Operators Exemption--Luzerne and Susquehanna
Railway Co. and Luzerne County Rail Corporation, Docket No. FD 36429,
in which RJLS seeks authority to assume the lease and operation of
approximately 41.19 miles of rail line located in Luzerne and
Lackawanna Counties, Pa.; and (3) R. J. Corman Railroad Company/Owego &
Harford Line, Inc.--Modified Certificate of Public Convenience and
Necessity, Docket No. FD 36430, in which RJOH filed a notice for a
modified certificate to assume the lease and operation of approximately
27.6 miles of rail line located between milepost 0.0 at Owego, N.Y.,
and milepost 27.6 at North Harford, N.Y.
The earliest this transaction may be consummated is November 20,
2020, the effective date of the exemption.
Applicants seek to continue in control of RJLR, RJLS, and RJOH upon
their becoming Class III rail carriers, while remaining in control of
15 other Class III rail carriers, including two non-operating rail
carriers, collectively operating in 11 states. For a complete list of
these rail carriers, see the verified notice of exemption filed in this
docket. The notice is available at www.stb.gov.
The verified notice states that: (1) RJLR, RJLS, and RJOH, and the
railroads under RJCR's (and therefore Applicants') ownership and
control, would not connect with each other or any other railroad in the
corporate family; (2) the continuance in control is not part of a
series of anticipated transactions that would connect the carriers with
each other or any railroad in their corporate family; and (3) the
transaction does not involve a Class I 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.
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 13,
2020 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36431, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on
Applicants' representative, David R. Irvin, Irvin Rigsby PLC, 110 North
Main Street, Nicholasville, KY 40356.
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: November 2, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-24664 Filed 11-5-20; 8:45 am]
BILLING CODE 4915-01-P