R. J. Corman Railroad Company/Luzerne & Susquehanna Line, LLC-Change in Operators, Lease and Operation Exemption-Luzerne and Susquehanna Railway Co. and Luzerne County Rail Corporation, 71132-71133 [2020-24732]

Download as PDF 71132 Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices upon their becoming Class III rail carriers, while remaining in control of 15 other Class III rail carriers. According to RJLR, it has reached an agreement in principle with NSR regarding a Lease Amendment No. 2 under which RJLR will assume LR and NSR’s underlying October 28, 2008 Lease Agreement, as amended by the July 11, 2016 Lease Amendment No. 1, and operate the Line. See Lehigh Ry.— Lease & Operation Exemption—Norfolk S. Ry., FD 35192 (STB served Nov. 14, 2008); Lehigh Ry.—Lease Exemption Containing Interchange Commitment— Norfolk S. Ry., FD 36062 (STB served Sept. 30, 2016). According to RJLR, a final version Lease Amendment No. 2 is expected to be executed shortly. RJLR certifies that the proposed Lease Amendment No. 2 between RJLR and NSR contains an interchange commitment that affects interchange with carriers other than NSR at the interchange points of Mehoopany and Towanda, Pa.2 RJLR has provided additional information regarding the interchange commitment as required by 49 CFR 1150.33(h). RJLR certifies that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III carrier but also states that its projected annual revenues will exceed $5 million following the transaction. Pursuant to 49 CFR 1150.32(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption becomes effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. RJLR states that it posted notice consistent with 1150.32(e) at the workplace of employees as of August 19, 2020, that LR employees do not have a collective bargaining agreement and are not represented, and that NSR does not have any employees on the Line.3 RJLR states that it provided notice of the proposed transaction and interchange commitment shippers on the Line through service of a copy of the verified notice. The earliest this transaction may be consummated is November 20, 2020, the effective date of the exemption. 2 A copy of Lease Amendment No. 2 with the interchange commitment was submitted under seal with the verified notice. See 49 CFR 1150.33(h)(1). 3 RJLR initially requested a waiver of the provisions of 1150.32(e) to allow the exemption to become effective after 30 days. That request is now moot. VerDate Sep<11>2014 19:00 Nov 05, 2020 Jkt 253001 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 November 13, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36428, 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 RJLR’s representative, David R. Irvin, Irvin Rigsby PLC, 110 North Main Street, Nicholasville, KY 40356. According to RJLR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirement under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: November 2, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2020–24688 Filed 11–5–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36429] R. J. Corman Railroad Company/ Luzerne & Susquehanna Line, LLC— Change in Operators, Lease and Operation Exemption—Luzerne and Susquehanna Railway Co. and Luzerne County Rail Corporation R. J. Corman Railroad Company/ Luzerne & Susquehanna Line, LLC (RJLS), 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 41.19 miles of rail line in Luzerne and Lackawanna Counties, Pa. (the Line).1 The Line currently is 1 In the verified notice, RJLS initially stated that the total mileage at issue was approximately 55.09 miles. In a letter filed on August 26, 2020, RJLS amended its verified notice to remove the assumption of certain trackage rights from its description of the proposed transaction. By decision served on September 17, 2020, the Board requested additional information relating to this transaction and a related transaction, including an explanation of certain apparent discrepancies in the mileage and/or descriptions of the line segments RJLS seeks to operate and clarification of RJLS’s description of the agreement. In a reply filed on October 2, 2020, RJLS amended its descriptions of two line segments PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 operated by Luzerne and Susquehanna Railway Company (LSX) pursuant to a lease and operating agreement with the Luzerne County Rail Corporation (LCRC), a political subdivision and nonoperating Class III rail carrier. As amended and supplemented, the verified notice states that the Line consists of: (1) The Dunmore Secondary Track, between milepost 6.5, at Avoca, and milepost 8.6, at Rocky Glen, a distance of 2.1 miles; (2) the Avoca Industrial Track, between milepost 4, at Rock Street, and milepost 6.5, at Avoca, a distance of 2.5 miles, including the connection with the track of Consolidated Rail Corporation between ‘‘LB’’ Junction and the switch of the Dunmore Secondary Track, a distance of 0.123 miles, and the Langcliff Connecting Track, between milepost 0.0, at Duryea, and the connection with Delaware & Hudson (D&H) in the middle of York Avenue, at milepost 0.867, a distance of 0.867 miles; 2 (3) the Suscon Industrial Track, between milepost 154.5, at Suscon, and milepost 158.7, at Hillside, a distance of 4.2 miles; (4) the Wilkes-Barre Secondary, between milepost 169.2, at Ashley, and milepost 185.5, at Pittston, a distance of 16.3 miles; (5) between milepost 0.0, at Ashley, and milepost 0.5, at Hanover Industrial Track, a distance of 0.5 miles; 3 (6) the Brownsville Industrial Track, between milepost 0.0, at Hillside, and milepost 1.0, at Brownsville, a distance of 1.0 miles; (7) the Wilkes Barre Industrial Track, between milepost 59.9, at Ferry Street, and milepost 62.9, at Wilkes Barre, a distance of 3.0 miles; (8) the Kingston Industrial Track, between milepost and removed another altogether, clarified the nature of the agreement in principle that has been reached, and provided additional information. On October 9, 2020, RJLS provided further correction and explanation regarding one of the line segments. Although RJLS did not provide a revised total mileage in any of its supplements, it appears, based on the revised line descriptions submitted, that the total mileage is approximately 41.19 miles. 2 In the October 2, 2020 filing, RJLS states that, although LSX also has authority to operate on an additional segment of track between milepost 1.7, at Junction 7, and milepost 4, at Rock Street, RJLS is not seeking authority to operate that segment. 3 In its October 9, 2020 supplement, RJLS explains that LSX also operates over a track segment from milepost 0.5 to the end of the track at approximately milepost 3.82. RJLS states that it has identified no Board authority addressing the track beyond milepost 0.5 and that it believes LSX operates the portion beyond milepost 0.5 as a spur. RJLS states that it seeks approval only for the portion between milepost 0.0 and milepost 0.5, but also indicates that it would operate over some or all of the track from milepost 0.5 to the end of the line at approximately milepost 3.82. This notice does not decide the status of the track segment beyond milepost 0.5. If RJLS believes that the 3.32mile segment is rail line rather than spur, RJLS should request appropriate authority from the Board. E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices 142.7, at Pittston Junction, and Railroad Station 8594+58, a distance of 8.1 miles; and (9) the D&H Wilkes-Barre Connector, from milepost A–208.08, Hudson Yard, to Conyngham Avenue, City of Wilkes-Barre, a distance of 2.5 miles. According to RJLS, this transaction is part of a larger transaction in which noncarrier holding company R. J. Corman Railroad Company, LLC (RJCR), through RJLS and two other newly formed noncarrier subsidiaries, has entered into an agreement to purchase the material assets of LSX 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 36431,4 in which RJCR and RJRG seek to continue in control of RJLS and the other two newly formed subsidiaries upon their becoming Class III rail carriers, while remaining in control of 15 other Class III rail carriers. According to RJLS’s October 2, 2020 filing, LSX currently operates the Line pursuant to a Lease and Operating Agreement, as amended (Lease and Operating Agreement) with LCRC dated July 16, 2002. RJLS states that it and LCRC have reached an agreement in principle to enter into two agreements: (1) A Consent and Estoppel Agreement and (2) an Amendment to the Lease and Operating Agreement (Amendment). RJLS states that the Consent and Estoppel Agreement provides LCRC’s consent to LSX’s assignment of the Lease and Operating Agreement to RJLS and that the Amendment clarifies existing terms of the Lease and Operating Agreement. According to RJLS, neither the proposed Consent and Estoppel Agreement nor the Amendment contains any provision or agreement that would limit future interchange on the Line. Further, RJLS certifies that its projected annual revenues as a result of this transaction will not result in RJLS becoming a Class I or II rail carrier and will not exceed $5 million. Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. 4 In the October 2, 2020 filing noted above, RJCR requested that R. J. Corman Railroad Group, LLC (RJRG) be added as an applicant in this docket. VerDate Sep<11>2014 19:00 Nov 05, 2020 Jkt 253001 RJLS certifies that a copy of its verified notice of exemption was served on all known shippers on the Line on August 19, 2020. The earliest this transaction may be consummated is November 20, 2020, the effective date of the exemption. 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 November 13, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36429, 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 RJLS’s representative, David R. Irvin, Irvin Rigsby PLC, 110 North Main Street, Nicholasville, KY 40356. According to RJLS, 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 2, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2020–24732 Filed 11–5–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36450] Alabama Railroad, LLC—Acquisition and Operation Exemption—Line of Alabama Railroad Co., Inc. Alabama Railroad, LLC (ARR), has filed a verified notice of exemption under 49 CFR 1150.31 1 to acquire from Alabama Railroad Co., Inc. (ALAB), and operate approximately 47.5 miles of rail line extending from approximately milepost 607.73 at Flomaton to approximately milepost 655.2 near Tunnel Springs, including all sidings and the MR Junction Spur between valuation stations 0+00 and 90+81, in Escambia, Conecuh, and Monroe Counties, Ala. (the Line). ARR states that it has agreed to purchase all the interest in the Line 1 ARR’s invocation of the class exemption at 1150.31 suggests that it is currently a noncarrier. PO 00000 Frm 00087 Fmt 4703 Sfmt 9990 71133 from ALAB. Upon closing, ARR states that it will assume the common carrier obligation for the Line and be responsible for its operation.2 ARR certifies that the proposed acquisition and operation of the Line does not involve a provision or agreement that may limit future interchange with a third-party connecting carrier. ARR further certifies that its projected annual revenues as a result of this transaction will not exceed the maximum revenue of a Class III rail carrier and will not exceed $5 million. The transaction may be consummated on or after November 20, 2020, the effective date of the exemption (30 days after the verified notice was filed). 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 November 13, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36450, 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 ARR’s representative, Charles H. Montange, 426 NW 162nd St., Seattle, WA 98177. According to ARR, 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. Decided: November 3, 2020. By the Board, Allison C. Davis, Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2020–24734 Filed 11–5–20; 8:45 am] BILLING CODE 4915–01–P 2 ALAB received authority to abandon the Line in 2019 in Docket No. AB 463 (Sub-No. 2X) but has not consummated it. See Ala. R.R.—Aban. Exemption—in Escambia, Conecuh, & Monroe Cntys., Ala., AB 463 (Sub-No. 2X) (STB served Apr. 29, 2020) (extending ALAB’s deadline to consummate its abandonment authority for the Line until April 18, 2021). Upon consummation of the sale, ALAB’s abandonment authority would no longer be effective. E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71132-71133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24732]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36429]


R. J. Corman Railroad Company/Luzerne & Susquehanna Line, LLC--
Change in Operators, Lease and Operation Exemption--Luzerne and 
Susquehanna Railway Co. and Luzerne County Rail Corporation

    R. J. Corman Railroad Company/Luzerne & Susquehanna Line, LLC 
(RJLS), 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 41.19 miles of rail line in Luzerne and 
Lackawanna Counties, Pa. (the Line).\1\ The Line currently is operated 
by Luzerne and Susquehanna Railway Company (LSX) pursuant to a lease 
and operating agreement with the Luzerne County Rail Corporation 
(LCRC), a political subdivision and non-operating Class III rail 
carrier.
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    \1\ In the verified notice, RJLS initially stated that the total 
mileage at issue was approximately 55.09 miles. In a letter filed on 
August 26, 2020, RJLS amended its verified notice to remove the 
assumption of certain trackage rights from its description of the 
proposed transaction. By decision served on September 17, 2020, the 
Board requested additional information relating to this transaction 
and a related transaction, including an explanation of certain 
apparent discrepancies in the mileage and/or descriptions of the 
line segments RJLS seeks to operate and clarification of RJLS's 
description of the agreement. In a reply filed on October 2, 2020, 
RJLS amended its descriptions of two line segments and removed 
another altogether, clarified the nature of the agreement in 
principle that has been reached, and provided additional 
information. On October 9, 2020, RJLS provided further correction 
and explanation regarding one of the line segments. Although RJLS 
did not provide a revised total mileage in any of its supplements, 
it appears, based on the revised line descriptions submitted, that 
the total mileage is approximately 41.19 miles.
---------------------------------------------------------------------------

    As amended and supplemented, the verified notice states that the 
Line consists of: (1) The Dunmore Secondary Track, between milepost 
6.5, at Avoca, and milepost 8.6, at Rocky Glen, a distance of 2.1 
miles; (2) the Avoca Industrial Track, between milepost 4, at Rock 
Street, and milepost 6.5, at Avoca, a distance of 2.5 miles, including 
the connection with the track of Consolidated Rail Corporation between 
``LB'' Junction and the switch of the Dunmore Secondary Track, a 
distance of 0.123 miles, and the Langcliff Connecting Track, between 
milepost 0.0, at Duryea, and the connection with Delaware & Hudson 
(D&H) in the middle of York Avenue, at milepost 0.867, a distance of 
0.867 miles; \2\ (3) the Suscon Industrial Track, between milepost 
154.5, at Suscon, and milepost 158.7, at Hillside, a distance of 4.2 
miles; (4) the Wilkes-Barre Secondary, between milepost 169.2, at 
Ashley, and milepost 185.5, at Pittston, a distance of 16.3 miles; (5) 
between milepost 0.0, at Ashley, and milepost 0.5, at Hanover 
Industrial Track, a distance of 0.5 miles; \3\ (6) the Brownsville 
Industrial Track, between milepost 0.0, at Hillside, and milepost 1.0, 
at Brownsville, a distance of 1.0 miles; (7) the Wilkes Barre 
Industrial Track, between milepost 59.9, at Ferry Street, and milepost 
62.9, at Wilkes Barre, a distance of 3.0 miles; (8) the Kingston 
Industrial Track, between milepost

[[Page 71133]]

142.7, at Pittston Junction, and Railroad Station 8594+58, a distance 
of 8.1 miles; and (9) the D&H Wilkes-Barre Connector, from milepost A-
208.08, Hudson Yard, to Conyngham Avenue, City of Wilkes-Barre, a 
distance of 2.5 miles.
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    \2\ In the October 2, 2020 filing, RJLS states that, although 
LSX also has authority to operate on an additional segment of track 
between milepost 1.7, at Junction 7, and milepost 4, at Rock Street, 
RJLS is not seeking authority to operate that segment.
    \3\ In its October 9, 2020 supplement, RJLS explains that LSX 
also operates over a track segment from milepost 0.5 to the end of 
the track at approximately milepost 3.82. RJLS states that it has 
identified no Board authority addressing the track beyond milepost 
0.5 and that it believes LSX operates the portion beyond milepost 
0.5 as a spur. RJLS states that it seeks approval only for the 
portion between milepost 0.0 and milepost 0.5, but also indicates 
that it would operate over some or all of the track from milepost 
0.5 to the end of the line at approximately milepost 3.82. This 
notice does not decide the status of the track segment beyond 
milepost 0.5. If RJLS believes that the 3.32-mile segment is rail 
line rather than spur, RJLS should request appropriate authority 
from the Board.
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    According to RJLS, this transaction is part of a larger transaction 
in which noncarrier holding company R. J. Corman Railroad Company, LLC 
(RJCR), through RJLS and two other newly formed noncarrier 
subsidiaries, has entered into an agreement to purchase the material 
assets of LSX 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,\4\ in which RJCR and RJRG seek to 
continue in control of RJLS and the other two newly formed subsidiaries 
upon their becoming Class III rail carriers, while remaining in control 
of 15 other Class III rail carriers.
---------------------------------------------------------------------------

    \4\ In the October 2, 2020 filing noted above, RJCR requested 
that R. J. Corman Railroad Group, LLC (RJRG) be added as an 
applicant in this docket.
---------------------------------------------------------------------------

    According to RJLS's October 2, 2020 filing, LSX currently operates 
the Line pursuant to a Lease and Operating Agreement, as amended (Lease 
and Operating Agreement) with LCRC dated July 16, 2002. RJLS states 
that it and LCRC have reached an agreement in principle to enter into 
two agreements: (1) A Consent and Estoppel Agreement and (2) an 
Amendment to the Lease and Operating Agreement (Amendment). RJLS states 
that the Consent and Estoppel Agreement provides LCRC's consent to 
LSX's assignment of the Lease and Operating Agreement to RJLS and that 
the Amendment clarifies existing terms of the Lease and Operating 
Agreement. According to RJLS, neither the proposed Consent and Estoppel 
Agreement nor the Amendment contains any provision or agreement that 
would limit future interchange on the Line.
    Further, RJLS certifies that its projected annual revenues as a 
result of this transaction will not result in RJLS becoming a Class I 
or II rail carrier and will not exceed $5 million. Under 49 CFR 
1150.32(b), a change in operator requires that notice be given to 
shippers. RJLS certifies that a copy of its verified notice of 
exemption was served on all known shippers on the Line on August 19, 
2020.
    The earliest this transaction may be consummated is November 20, 
2020, the effective date of the exemption.
    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 November 13, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36429, 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 RJLS's 
representative, David R. Irvin, Irvin Rigsby PLC, 110 North Main 
Street, Nicholasville, KY 40356.
    According to RJLS, 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 2, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2020-24732 Filed 11-5-20; 8:45 am]
BILLING CODE 4915-01-P