Cathcart Rail, LLC-Continuance in Control Exemption-Cornhusker Railroad, LLC, 49592 [2021-19087]

Download as PDF 49592 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices SURFACE TRANSPORTATION BOARD [Docket No. FD 36541] lotter on DSK11XQN23PROD with NOTICES1 Cathcart Rail, LLC—Continuance in Control Exemption—Cornhusker Railroad, LLC Cathcart Rail, LLC (Cathcart), a noncarrier, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Cornhusker Railroad, LLC (CORN), a noncarrier controlled by Cathcart, upon CORN’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed concurrently in Cornhusker Railroad— Operation Exemption—Trackage in Hall & Adams Counties, Neb., Docket No. FD 36540, in which CORN seeks to operate approximately 27 miles of track consisting of the Grand Island Branch in Hall County, Neb., and the Hastings Branch, in Adams County, Neb. According to the verified notice of exemption, Cathcart currently controls Bucyrus Industrial Railroad, LLC, a Class III rail carrier in Bucyrus, Ohio, and Belpre Industrial Parkersburg Railroad, LLC, a Class III rail carrier in Ohio and West Virginia.1 Cathcart represents that: (1) The rail line to be operated by CORN does not connect with the rail lines of any of the rail carriers controlled by Cathcart; (2) the transaction is not part of a series of anticipated transactions that would result in such a connection; 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). The transaction may be consummated on or after September 19, 2021, the effective date of the exemption (30 days after the verified notice was filed). 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 1 See Bucyrus Indus. R.R.—Operation Exemption—Bucyrus Railcar Repair, LLC, FD 36329 (STB served July 25, 2019); Belpre Indus. Parkersburg R.R.—Lease & Operation Exemption— CSX Transp., Inc. FD 36388 (STB served Apr. 3, 2020). VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 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 10, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36541, 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 Cathcart’s representative, David F. Rifkind, Stinson LLP, 1775 Pennsylvania Avenue NW, Suite 800, Washington, DC 20006. According to Cathcart, 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 31, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2021–19087 Filed 9–2–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–1052] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Reporting of Information Using Special Airworthiness Information Bulletin Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November, 6, 2020. The collection involves a voluntary request for information on a specific safety concern. The information to be collected will be used to help the FAA in an ongoing investigation to determine the cause of a specific condition, or whether the condition is likely to exist or develop on SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 other aircraft, aircraft engines, propellers, or appliances of the same type design. DATES: Written comments should be submitted by October 4, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Stephen Kocmoud by email at: stephen.m.kocmoud@faa.gov; phone: 817–222–5350. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. OMB Control Number: 2120–0731. Title: Reporting of Information Using Special Airworthiness Information Bulletin. Form Numbers: None. Type of Review: Renewal of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November, 6, 2020 (85 FR 71135). A special airworthiness information bulletin (SAIB) is an important tool that helps the FAA to gather information to determine whether an airworthiness directive is necessary. An SAIB alerts, educates, and make recommendations to the aviation community and individual aircraft owners and operators about ways to improve the safety of a product. It contains non-regulatory information and guidance that is advisory and may include recommended actions or inspections with a request for voluntary reporting of inspection results. Respondents: Respondents may include mechanics, type clubs, owners and operators of aircraft. Frequency: Information is collected as needed to acquire additional information on a specific condition. Estimated Average Burden per Response: 5 minutes. Estimated Total Annual Burden: 447 hours. E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Page 49592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19087]



[[Page 49592]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36541]


Cathcart Rail, LLC--Continuance in Control Exemption--Cornhusker 
Railroad, LLC

    Cathcart Rail, LLC (Cathcart), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
Cornhusker Railroad, LLC (CORN), a noncarrier controlled by Cathcart, 
upon CORN's becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Cornhusker Railroad--Operation Exemption--Trackage in 
Hall & Adams Counties, Neb., Docket No. FD 36540, in which CORN seeks 
to operate approximately 27 miles of track consisting of the Grand 
Island Branch in Hall County, Neb., and the Hastings Branch, in Adams 
County, Neb.
    According to the verified notice of exemption, Cathcart currently 
controls Bucyrus Industrial Railroad, LLC, a Class III rail carrier in 
Bucyrus, Ohio, and Belpre Industrial Parkersburg Railroad, LLC, a Class 
III rail carrier in Ohio and West Virginia.\1\
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    \1\ See Bucyrus Indus. R.R.--Operation Exemption--Bucyrus 
Railcar Repair, LLC, FD 36329 (STB served July 25, 2019); Belpre 
Indus. Parkersburg R.R.--Lease & Operation Exemption--CSX Transp., 
Inc. FD 36388 (STB served Apr. 3, 2020).
---------------------------------------------------------------------------

    Cathcart represents that: (1) The rail line to be operated by CORN 
does not connect with the rail lines of any of the rail carriers 
controlled by Cathcart; (2) the transaction is not part of a series of 
anticipated transactions that would result in such a connection; 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).
    The transaction may be consummated on or after September 19, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 10, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36541, 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 
Cathcart's representative, David F. Rifkind, Stinson LLP, 1775 
Pennsylvania Avenue NW, Suite 800, Washington, DC 20006.
    According to Cathcart, 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 31, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-19087 Filed 9-2-21; 8:45 am]
BILLING CODE 4915-01-P
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