Midwest & Bluegrass Rail, LLC-Control Exemption-TransKentucky Transportation Railroad, Inc., 50753-50754 [2021-19571]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices notice of exemption pursuant to 49 CFR 1180.2(d)(2) to control Vermilion Valley Railway Company, Inc., Camp Chase Rail, LLC, Youngstown & Southeastern Rail, LLC, and Chesapeake & Indiana Railroad Company (collectively, the IB Carriers). MB Rail states that it controls the IB Carriers through a management agreement, under which it provides dayto-day management services and oversight. (See Verified Notice 1–3; see also id., Ex. A at 1, 5 (management agreement became effective on January 1, 2021).) A related entity (MB Rail IB, LLC) sought and obtained Board authorization for its control of the IB Carriers in 2020, but MB Rail did not. See MB Rail IB, LLC—Acquis. & Continuance in Control Exemption— Chesapeake & Ind. R.R., FD 36413 (STB served July 1, 2020). MB Rail now seeks after-the-fact authorization for its earlier acquisition of control. The exemption will become effective on September 25, 2021 (30 days after the verified notice was filed). According to the verified notice of exemption, MB Rail currently controls only the four IB Carriers. However, in a notice that is being served concurrently in Midwest & Bluegrass Rail—Control Exemption—TransKentucky Transportation Railroad, Docket No. FD 36530, MB Rail is also being authorized to control TransKentucky Transportation Railroad, Inc. (TransKentucky).1 MB Rail represents that: (1) The IB Carriers do not connect to one another; (2) the transaction is not part of a series of anticipated transactions that would connect the IB Carriers with the rail lines of any carriers in MB Rail’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. 1 In that docket, MB Rail states that the rail line owned and operated by TransKentucky does not connect to any of the IB Carriers. MB Rail Verified Notice 1, Aug. 27, 2021, Midwest & Bluegrass Rail— Control Exemption—TransKentucky Transp. R.R., FD 36530. VerDate Sep<11>2014 18:09 Sep 09, 2021 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 September 17, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36413 (Sub-No. 1), 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 MB Rail’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to MB Rail, 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: September 7, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–19574 Filed 9–9–21; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36530] Midwest & Bluegrass Rail, LLC— Control Exemption—TransKentucky Transportation Railroad, Inc. Midwest & Bluegrass Rail, LLC (MB Rail), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to acquire control of TransKentucky Transportation Railroad, Inc. (TransKentucky). MB Rail states that TransKentucky owns and operates a rail line in Kentucky. MB Rail originally sought authorization to control TransKentucky in another docket, Midwest & Bluegrass Rail, LLC—Control Exemption— TransKentucky Transportation Railroad, Docket No. FD 36475. On August 26, 2021, MB Rail filed a motion to withdraw the verified notice in Docket No. FD 36475. The transaction may be consummated on or after September 26, 2021, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice of exemption, MB Rail currently controls four Class III carriers: Vermilion Valley Railroad Co., Inc.; Camp Chase Rail, PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 50753 LLC; Youngstown & Southeastern Rail, LLC; and Chesapeake & Indiana Railroad Co., Inc. (collectively, the IB Carriers).1 The verified notice indicates that: (1) The rail line owned and operated by TransKentucky does not connect with the rail lines of any of the rail carriers in MB Rail’s corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the rail line owned and operated by TransKentucky with the rail lines of any carriers in MB Rail’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 17, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36530, 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 MB Rail’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to MB Rail, 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: September 7, 2021. 1 MB Rail is receiving after-the-fact authorization to control the IB Carriers in a notice of exemption being served concurrently in Midwest & Bluegrass Rail, LLC—Control Exemption—Vermilion Valley Railway, FD 36413 (Sub-No. 1). E:\FR\FM\10SEN1.SGM 10SEN1 50754 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. [FR Doc. 2021–19571 Filed 9–9–21; 8:45 am] Decided: September 7, 2021. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36539] [FR Doc. 2021–19517 Filed 9–9–21; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES WRL LLC dba Rainier Rail—Lease and Operation Exemption—City of Tacoma Department of Public Works dba Tacoma Rail Mountain Division WRL LLC dba Rainier Rail (WRL), a Class III railroad, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to lease from the City of Tacoma, Department of Public Works dba Tacoma Rail Mountain Division (Tacoma Rail) and operate an approximately 0.8-mile rail line between Tacoma Rail milepost 28.6 and milepost 27.8C near McKenna, in Pierce County, Wash. (the Line). WRL states that the Line was previously operated by Tacoma Rail. WRL states that it has reached an agreement with Tacoma Rail that will allow WRL to lease and operate the Line upon the exemption’s effective date. According to WRL, the proposed transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. Further, WRL certifies that its projected annual revenue will not exceed $5 million and will not result in the creation of a Class I or II rail carrier. The earliest this transaction may be consummated is September 25, 2021, 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 September 17, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36539, 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 WRL’s representative: James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. According to WRL, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation VerDate Sep<11>2014 18:09 Sep 09, 2021 Jkt 253001 BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2022–2124] Petition for Exemption; Summary of Petition Received; Choose Aerospace, Inc. Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number and must be received on or before September 30, 2021. ADDRESSES: Send comments identified by docket number FAA–2021–0594 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Sean O’Tormey, telephone number 202– 267–4044, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC. Timothy R. Adams, Acting Executive Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2021–0594. Petitioner: Choose Aerospace, Inc. Section(s) of 14 CFR Affected: § 65.77. Description of Relief Sought: Choose Aerospace, Inc. is petitioning for an exemption from § 65.77 to the extent necessary to permit their students who have completed the non-certificated Choose Aerospace, Inc. aviation maintenance general curriculum to take the general written test requirement for a mechanic certificate as described in § 65.75. [FR Doc. 2021–19540 Filed 9–9–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No.—2022–2089] Petition for Exemption; Summary of Petition Received; Alitalia Societa Aerea Italiana Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal SUMMARY: E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50753-50754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19571]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36530]


Midwest & Bluegrass Rail, LLC--Control Exemption--TransKentucky 
Transportation Railroad, Inc.

    Midwest & Bluegrass Rail, LLC (MB Rail), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to acquire 
control of TransKentucky Transportation Railroad, Inc. (TransKentucky).
    MB Rail states that TransKentucky owns and operates a rail line in 
Kentucky. MB Rail originally sought authorization to control 
TransKentucky in another docket, Midwest & Bluegrass Rail, LLC--Control 
Exemption--TransKentucky Transportation Railroad, Docket No. FD 36475. 
On August 26, 2021, MB Rail filed a motion to withdraw the verified 
notice in Docket No. FD 36475.
    The transaction may be consummated on or after September 26, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice of exemption, MB Rail currently 
controls four Class III carriers: Vermilion Valley Railroad Co., Inc.; 
Camp Chase Rail, LLC; Youngstown & Southeastern Rail, LLC; and 
Chesapeake & Indiana Railroad Co., Inc. (collectively, the IB 
Carriers).\1\
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    \1\ MB Rail is receiving after-the-fact authorization to control 
the IB Carriers in a notice of exemption being served concurrently 
in Midwest & Bluegrass Rail, LLC--Control Exemption--Vermilion 
Valley Railway, FD 36413 (Sub-No. 1).
---------------------------------------------------------------------------

    The verified notice indicates that: (1) The rail line owned and 
operated by TransKentucky does not connect with the rail lines of any 
of the rail carriers in MB Rail's corporate family; (2) the transaction 
is not part of a series of anticipated transactions that would connect 
the rail line owned and operated by TransKentucky with the rail lines 
of any carriers in MB Rail'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 17, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36530, 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 MB 
Rail's representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North 
Wacker Drive, Suite 800, Chicago, IL 60606.
    According to MB Rail, 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: September 7, 2021.


[[Page 50754]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-19571 Filed 9-9-21; 8:45 am]
BILLING CODE 4915-01-P
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