Finger Lakes Railway Corp.-Continuance in Control Exemption-Midcoast Railservice, Inc., 47534 [2021-18279]

Download as PDF 47534 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices Department’s senior management and IAG representatives with respect to industry and academia’s latest concepts, methods, best practices, innovations, and ideas related to supporting OBO’s vital mission. Additionally, time will be provided for members of the public to provide comment. To register, please provide your email address via email to IAGR@state.gov prior to September 7. Also, please forward any requests for reasonable accommodation by September 7. You can also visit the OBO website at https:// overseasbuildings.state.gov/ for additional information. Requests for reasonable accommodation made after that date will be considered but may not be able to be fulfilled. Please contact IAGR@state.gov with any questions. Kevin E. Bryant, Deputy Director, Office of Directives Management, U.S. Department of State. [FR Doc. 2021–18224 Filed 8–24–21; 8:45 am] BILLING CODE 4710–51–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36532] khammond on DSKJM1Z7X2PROD with NOTICES Finger Lakes Railway Corp.— Continuance in Control Exemption— Midcoast Railservice, Inc. Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Midcoast Railservice, Inc. (Midcoast), a noncarrier, upon Midcoast’s becoming a rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Midcoast Railservice, Inc.—Change of Operators Exemption— Central Maine & Quebec Railway, Docket No. FD 36531, in which Midcoast seeks to assume operations over approximately 58.68 miles of rail line currently operated by Central Maine & Quebec Railway US, Inc., in Cumberland, Knox, Lincoln, and Sagadahoc Counties, Me. The transaction may be consummated on or after September 8, 2021, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice of exemption, FGLK currently controls the Ontario Central Railroad Corp., a Class III carrier operating solely in the state of New York.1 FGLK represents that: (1) The rail line to be leased and operated by Midcoast does not connect with the rail lines of any of the rail carriers in FGLK’s corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the line to be operated by Midcoast with the rail lines of any carriers in FGLK’s corporate family; 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 pursuant to 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 for stay must be filed no later than September 1, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36532, 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 FGLK’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to FGLK, 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: August 20, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2021–18279 Filed 8–24–21; 8:45 am] BILLING CODE 4915–01–P 1 See Finger Lakes Ry.—Control Exemption— Ontario Cent. R.R., FD 35062 (STB served Oct. 1, 2007). VerDate Sep<11>2014 16:54 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. FD 36531] Midcoast Railservice, Inc.—Change of Operators Exemption—Central Maine & Quebec Railway US, Inc. Midcoast Railservice, Inc. (Midcoast), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.31(a)(3) to assume operations over approximately 58.68 miles of rail line (the Line) currently operated by Central Maine & Quebec Railway US, Inc. (CMQ), pursuant to a Lease and Operating Agreement (the Agreement) between the owner of the Line, the State of Maine Department of Transportation (Maine DOT), and CMQ. The Line consists of: (1) The Brunswick Terminal Area between the east side of Church Road, milepost 14.97, and Rock Jct., milepost 16.40; (2) the Rockland Branch between milepost 29.40 in Brunswick, Cumberland County, Me., and milepost 85.55 in Rockland, Knox County, Me.; and (3) the Atlantic Branch Line between milepost 85.55 and milepost 86.65 in Rockland. The Line runs through Cumberland, Knox, Lincoln, and Sagadahoc Counties, Me.1 This transaction is related to a verified notice of exemption filed concurrently in Finger Lakes Railway— Continuance in Control Exemption— Midcoast Railservice, Inc., Docket No. FD 36532, in which Finger Lakes Railway Corp. seeks to continue in control of Midcoast upon Midcoast’s becoming a rail carrier. According to the verified notice, an Assignment, Assumption and Consent Agreement (the Assignment) has been executed by Midcoast and CMQ and consented to by Maine DOT. Under the Assignment, CMQ is assigning its rights under the Agreement, and its associated common carrier service rights to operate the Line, to Midcoast. Midcoast will assume the Agreement and become the operator of the Line. Upon commencement of operations, Midcoast will become a Class III common carrier. According to Midcoast, the Agreement does not impose or include an interchange commitment. Midcoast certifies that its projected revenues as a result of the transaction will not result in the creation of a Class II or Class I rail 1 Midcoast notes that the mileposts and mileage differ slightly from those shown by CMQ when it took over operations of the Line in 2015. See Cent. Me. & Quebec Ry.—Lease & Operate Exemption— State of Me., FD 35975 (STB served Dec. 4, 2015). Midcoast believes the discrepancies relate to CMQ’s use of control points, rounding, and typographical errors. Midcoast states that it will assume the operations of all of the lines operated by CMQ pursuant to the Agreement. E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Page 47534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18279]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36532]


Finger Lakes Railway Corp.--Continuance in Control Exemption--
Midcoast Railservice, Inc.

    Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Midcoast Railservice, Inc. (Midcoast), a 
noncarrier, upon Midcoast's becoming a rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Midcoast Railservice, Inc.--Change of Operators 
Exemption--Central Maine & Quebec Railway, Docket No. FD 36531, in 
which Midcoast seeks to assume operations over approximately 58.68 
miles of rail line currently operated by Central Maine & Quebec Railway 
US, Inc., in Cumberland, Knox, Lincoln, and Sagadahoc Counties, Me.
    The transaction may be consummated on or after September 8, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice of exemption, FGLK currently 
controls the Ontario Central Railroad Corp., a Class III carrier 
operating solely in the state of New York.\1\
---------------------------------------------------------------------------

    \1\ See Finger Lakes Ry.--Control Exemption--Ontario Cent. R.R., 
FD 35062 (STB served Oct. 1, 2007).
---------------------------------------------------------------------------

    FGLK represents that: (1) The rail line to be leased and operated 
by Midcoast does not connect with the rail lines of any of the rail 
carriers in FGLK's corporate family; (2) the transaction is not part of 
a series of anticipated transactions that would connect the line to be 
operated by Midcoast with the rail lines of any carriers in FGLK's 
corporate family; 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 pursuant to 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 for stay must be filed no later than September 1, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36532, 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 
FGLK's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to FGLK, 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: August 20, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-18279 Filed 8-24-21; 8:45 am]
BILLING CODE 4915-01-P
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