Alabama Railroad, LLC-Acquisition and Operation Exemption-Line of Alabama Railroad Co., Inc., 71133 [2020-24734]

Download as PDF 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]
[Page 71133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24734]


-----------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \1\ ARR's invocation of the class exemption at 1150.31 suggests 
that it is currently a noncarrier.
---------------------------------------------------------------------------

    ARR states that it has agreed to purchase all the interest in the 
Line from ALAB. Upon closing, ARR states that it will assume the common 
carrier obligation for the Line and be responsible for its 
operation.\2\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 e-filing 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