York Railway Company, Maryland and Pennsylvania Railroad, LLC, and Yorkrail, LLC-Corporate Family Transaction Exemption, 17450 [2021-06829]

Download as PDF 17450 Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition ‘‘The Medici: Portraits & Politics, 1512—1570’’ at The Metropolitan Museum of Art, New York, New York, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000. Matthew R. Lussenhop, Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2021–06865 Filed 4–1–21; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36492] jbell on DSKJLSW7X2PROD with NOTICES York Railway Company, Maryland and Pennsylvania Railroad, LLC, and Yorkrail, LLC—Corporate Family Transaction Exemption York Railway Company (YRC), Maryland and Pennsylvania Railroad, LLC (M&P), and Yorkrail, LLC (Yorkrail) (collectively, Applicants), have jointly filed a verified notice of exemption for a corporate family transaction under 49 CFR 1180.2(d)(3). According to the verified notice, YRC, a Delaware corporation and Class III carrier, wholly owns both M&P and Yorkrail, each of which is a Delaware limited liability company and nonoperating Class III carrier that owns common carrier rail lines in VerDate Sep<11>2014 23:04 Apr 01, 2021 Jkt 253001 Pennsylvania operated by YRC.1 Under the proposed transaction, M&P and Yorkrail will be merged with and into YRC with YRC being the surviving corporate entity, owning and operating the covered rail lines.2 Applicants state that the purpose of the transaction is to restructure their corporate family to simplify and streamline the ownership and operation of the M&P and Yorkrail rail assets. According to Applicants, the only change as a result of the proposed transaction is that YRC will have direct, instead of indirect, ownership of the rail assets currently belonging to M&P and Yorkrail. The verified notice states that the proposed transaction does not impose or involve an interchange commitment by or affecting Applicants.3 Unless stayed, the exemption will be effective on April 18, 2021 (30 days after the verified notice was filed). Applicants state that they intend to consummate the proposed transaction on or after April 30, 2021. The verified notice states that the proposed transaction is within Applicants’ corporate family and will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). 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. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III rail carriers. 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 April 9, 2021 (at 1 The verified notice states that Genesee & Wyoming, Inc., gained control of all three companies in 2002. See Genesee & Wyo. Inc.— Control Exemption— ETR Acquis. Corp., FD 34148 (STB served Feb. 28, 2002). 2 As a result of this transaction, YRC also will acquire Yorkrail’s rights to reactivate service established in Yorkrail, LLC—Abandonment Exemption—in York County, Penn., AB 1308X (STB served Nov. 20, 2020). 3 Applicants filed an unexecuted draft copy of the agreement with their verified notice. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36492, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, one copy of each pleading must be served on Applicants’ representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to Applicants, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and historic preservation reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: March 29, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2021–06829 Filed 4–1–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36499] Northern Indiana Railroad Company, LLC—Acquisition Exemption—Town of North Judson, Ind. Northern Indiana Railroad Company, LLC (NIRCo), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Town of North Judson, Ind., approximately 32.97 miles of rail line extending between milepost CF 0.63, at LaCrosse, and milepost 15.23 at Wellsboro, and between milepost CI 212.55, at or near North Judson, and milepost 230.92, at Malden, in LaPorte, Porter, and Starke Counties, Ind. (collectively, the Line). The verified notice states that, following the sale, the Chesapeake and Indiana Railroad Company (CKIN), a Class III rail carrier, will continue its current operations over the Line.1 NIRCo certifies that its projected annual revenues as a result of this 1 CKIN obtained authority to operate over the Line in Chesapeake & Indiana Railroad—Operation Exemption—Town of North Judson, Ind., FD 34529 (STB served Aug. 20, 2004). In 2017, CKIN obtained amended operating authority for a 27.92-mile segment of the Line, from milepost CF 0.23 to milepost CF 15.23, and from milepost CI 218 to milepost CI 230.92, see Chesapeake & Ind. R.R.— Amended Operation Exemption—Town of N. Judson, Ind., FD 36147 (STB served Oct. 20, 2017), and authority to discontinue service over an approximately 5.45-mile segment of the Line between milepost CI 212.55 and milepost CI 218.0, see Chesapeake & Ind. R.R.—Discontinuance of Serv. Exemption—in Starke Cnty., Ind., AB 1259X (STB served Nov. 28, 2017). E:\FR\FM\02APN1.SGM 02APN1

Agencies

Surface Transportation Board

[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Page 17450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06829]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36492]


York Railway Company, Maryland and Pennsylvania Railroad, LLC, 
and Yorkrail, LLC--Corporate Family Transaction Exemption

    York Railway Company (YRC), Maryland and Pennsylvania Railroad, LLC 
(M&P), and Yorkrail, LLC (Yorkrail) (collectively, Applicants), have 
jointly filed a verified notice of exemption for a corporate family 
transaction under 49 CFR 1180.2(d)(3).
    According to the verified notice, YRC, a Delaware corporation and 
Class III carrier, wholly owns both M&P and Yorkrail, each of which is 
a Delaware limited liability company and non-operating Class III 
carrier that owns common carrier rail lines in Pennsylvania operated by 
YRC.\1\ Under the proposed transaction, M&P and Yorkrail will be merged 
with and into YRC with YRC being the surviving corporate entity, owning 
and operating the covered rail lines.\2\ Applicants state that the 
purpose of the transaction is to restructure their corporate family to 
simplify and streamline the ownership and operation of the M&P and 
Yorkrail rail assets. According to Applicants, the only change as a 
result of the proposed transaction is that YRC will have direct, 
instead of indirect, ownership of the rail assets currently belonging 
to M&P and Yorkrail.
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    \1\ The verified notice states that Genesee & Wyoming, Inc., 
gained control of all three companies in 2002. See Genesee & Wyo. 
Inc.--Control Exemption-- ETR Acquis. Corp., FD 34148 (STB served 
Feb. 28, 2002).
    \2\ As a result of this transaction, YRC also will acquire 
Yorkrail's rights to reactivate service established in Yorkrail, 
LLC--Abandonment Exemption--in York County, Penn., AB 1308X (STB 
served Nov. 20, 2020).
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    The verified notice states that the proposed transaction does not 
impose or involve an interchange commitment by or affecting 
Applicants.\3\
---------------------------------------------------------------------------

    \3\ Applicants filed an unexecuted draft copy of the agreement 
with their verified notice.
---------------------------------------------------------------------------

    Unless stayed, the exemption will be effective on April 18, 2021 
(30 days after the verified notice was filed). Applicants state that 
they intend to consummate the proposed transaction on or after April 
30, 2021.
    The verified notice states that the proposed transaction is within 
Applicants' corporate family and will not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with carriers outside the corporate family. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3).
    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. Accordingly, 
the Board may not impose labor protective conditions here because all 
of the carriers involved are Class III rail carriers.
    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 April 9, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36492, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on 
Applicants' representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to Applicants, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and historic preservation 
reporting under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 29, 2021.
    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2021-06829 Filed 4-1-21; 8:45 am]
BILLING CODE 4915-01-P

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