R.J. Corman Railroad Company, LLC and R.J. Corman Railroad Group, LLC.-Continuance in Control Exemption-Knoxville and Cumberland Gap Railroad, LLC, 7893-7894 [2022-02875]

Download as PDF Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices SMALL BUSINESS ADMINISTRATION [License No. 08/78–0163] Bluestem Capital Partners III, L.P.; Surrender of License of Small Business Investment Company Pursuant to the authority granted to the United States Small Business Administration under the Small Business Investment Act of 1958, as amended, under Section 309 of the Act and Section 107.1900 of the Small Business Administration Rules and Regulations (13 CFR 107.1900) to function as a small business investment company under the Small Business Investment Company License No. 08/ 78–0163 issued to Bluestem Capital Partners III, L.P., said license is hereby declared null and void. United States Small Business Administration. Bailey DeVries, Associate Administrator, Office of Investment and Innovation. [FR Doc. 2022–02830 Filed 2–9–22; 8:45 am] BILLING CODE P SMALL BUSINESS ADMINISTRATION Disaster Declaration #17336 and #17337; CONNECTICUT Disaster Number CT–00056 Presidential Declaration of a Major Disaster for Public Assistance Only for the State of CONNECTICUT U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of CONNECTICUT (FEMA– 4629–DR), dated 02/03/2022. Incident: Remnants of Hurricane Ida. Incident Period: 09/01/2021 through 09/02/2021. DATES: Issued on 02/03/2022. Physical Loan Application Deadline Date: 04/04/2022. Economic Injury (EIDL) Loan Application Deadline Date: 11/03/2022. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 7893 Counties, Ky., & Lee County, Va., Docket No. FD 36577, in which KXCG seeks to acquire from Norfolk Southern Railway Company (NSR) various rail lines (via purchase or lease assignment) and trackage rights, totaling approximately 154.0 miles in length.2 The transaction may be consummated on or after February 24, 2022, the effective date of the exemption (30 days after the verified notice was filed). According to the verified notice of exemption, Applicants currently control Percent 18 Class III rail carriers, collectively For Physical Damage: operating in multiple states. For a Non-Profit Organizations with complete list of these rail carriers and Credit Available Elsewhere ... 2.000 the states in which they operate, see Non-Profit Organizations withApplicants’ January 25, 2022 verified out Credit Available Elsenotice of exemption, available at where ..................................... 2.000 www.stb.gov. For Economic Injury: Applicants represent that: (1) KXCG Non-Profit Organizations withwill not connect with any other railroad out Credit Available Elsewhere ..................................... 2.000 in Applicants’ corporate family; (2) the transaction is not part of a series of anticipated transactions that would The number assigned to this disaster connect KXCG with any railroad in the for physical damage is 17336 8 and for Applicants’ corporate family; and (3) the economic injury is 17337 0. transaction does not involve a Class I (Catalog of Federal Domestic Assistance rail carrier. Therefore, the proposed Number 59008) transaction is exempt from the prior Barbara Carson, approval requirements of 49 U.S.C. Acting Associate Administrator for Disaster 11323. See 49 CFR 1180.2(d)(2). Assistance Under 49 U.S.C. 10502(g), the Board [FR Doc. 2022–02831 Filed 2–9–22; 8:45 am] may not use its exemption authority to relieve a rail carrier of its statutory BILLING CODE 8026–03–P obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) SURFACE TRANSPORTATION BOARD does not provide for labor protection for transactions under 49 U.S.C. 11324 and [Docket No. FD 36578] 11325 that involve only Class III rail carriers. Because this transaction R.J. Corman Railroad Company, LLC involves Class III rail carriers only, the and R.J. Corman Railroad Group, Board, under the statute, may not LLC.—Continuance in Control impose labor protective conditions for Exemption—Knoxville and this transaction. Cumberland Gap Railroad, LLC If the verified notice contains false or R.J. Corman Railroad Company, LLC misleading information, the exemption (RJCRC), and R. J. Corman Railroad is void ab initio. Petitions to revoke the Group, LLC (RJCG),1 both noncarrier exemption under 49 U.S.C. 10502(d) holding companies, have filed a verified may be filed at any time. The filing of notice of exemption under 49 CFR a petition to revoke will not 1180.2(d)(2) to continue in control of automatically stay the effectiveness of Knoxville and Cumberland Gap the exemption. Petitions for stay must Railroad, LLC (KXCG), a noncarrier be filed no later than February 17, 2022 controlled by Applicants, upon KXCG’s (at least seven days before the becoming a Class III rail carrier. exemption becomes effective). This transaction is related to a All pleadings, referring to Docket No. verified notice of exemption filed FD 36578, should be filed with the concurrently in Knoxville & Surface Transportation Board via eCumberland Gap Railroad—Acquisition filing on the Board’s website. In & Operation Exemption with addition, a copy of each pleading must Interchange Commitment—Rail Lines of 2 This total includes approximately 112.0 miles of Norfolk Southern Railway in Anderson, Campbell, Claiborne, Grainger, Knox, & NSR rail line that KXCG will acquire from NSR; 13.0 miles of lines currently leased by NSR from Union Counties, Tenn., Bell & Whitley CSX Transportation, Inc. (CSXT), which lease will 02/03/2022, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Fairfield, Litchfield. The Interest Rates are: 1 RJCRC is a wholly owned subsidiary of RJCG. RJCRC and RJCG are referred to together as Applicants. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 be assigned to KXCG; 6.3 miles of NSR trackage rights over a CSXT line, which trackage rights will be assigned to KXCG; and 22.7 miles of NSR line over which NSR will grant KXCG trackage rights. E:\FR\FM\10FEN1.SGM 10FEN1 7894 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices be served on Applicants’ representative, David A. Hirsh, Dentons US LLP, 1900 K Street NW, Washington, DC 20006. According to Applicants, 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: February 7, 2022. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2022–02875 Filed 2–9–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36577] jspears on DSK121TN23PROD with NOTICES1 Knoxville and Cumberland Gap Railroad, LLC—Acquisition and Operation Exemption With Interchange Commitment—Rail Lines of Norfolk Southern Railway Company in Anderson, Campbell, Claiborne, Grainger, Knox, and Union Counties, Tenn., Bell and Whitley Counties, Ky., and Lee County, Va. Knoxville and Cumberland Gap Railroad, LLC (KXCG), a noncarrier, has filed a verified notice of exemption to permit KXCG to acquire approximately 112.0 miles of rail lines from Norfolk Southern Railway Company (NSR), assume NSR’s lease of approximately 13.0 miles of CSX Transportation, Inc. (CSXT) rail line, assume NSR’s trackage rights over approximately 6.3 miles of a CSXT line, and acquire trackage rights over approximately 22.7 miles of an NSR line, for a total of approximately 154.0 miles (collectively, the Lines), and to operate the Lines. The portion of the Lines KXCG will acquire from NSR consists of: (1) The Jellico Line, running from the insulated joint in Clinton, Tenn. (at or around milepost 20.9C±) to Lot, Ky. (at or around milepost 67.7±), and from Hyde, Tenn. (at or around milepost 74C±) to Clairfield, Tenn. (at or around milepost 80C±); and (2) the Middlesboro Line, running from the insulated joints of the wye track, north of the derails located in Beverly, Tenn. (at or near milepost 5.8CG±) to Cumberland Gap, Tenn. (at or around milepost 65CG±). The transaction also provides for assignment to KXCG, with permission of CSXT, of: (1) NSR’s lease of the following CSXT lines: (a) On the Harbell Branch between a point 125.3 feet south of the point of VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 switch of the connecting track to NSR at Cumberland Gap just south of the end of the Cumberland Gap Tunnel, which point of connection is at milepost CV 219.5, and a point where the Harbell Branch connects near milepost CV 216 in Middlesboro, Ky., with the north leg of the wye track of Bennett’s Fork Branch; (b) on Bennett’s Fork Branch from and including the north and south legs of the aforesaid wye, to Stony Fork Junction and end of track near milepost MR 221 north of Motch, Tenn.; and (c) on Stony Fork Branch between Stony Fork Junction and end of track near milepost MS 221.8 near Pioneer, Tenn., including approximately one mile of track leased to Bell County Coal Corporation; and (d) on the Harbell Branch main track from the aforesaid north leg wye connection near milepost CV 216 to milepost CV 215.0 north thereof, including CSXT’s Middlesboro Yard and related trackage; and (2) NSR’s trackage rights over CSXT’s line between Lot at approximately milepost 67.7C and Hyde at approximately milepost 74C. Finally, as part of the transaction, KXCG will acquire trackage rights over NSR’s line from the NSR switch at the connection with the Jellico Line at Clinton at approximately milepost 20.9C, continuing to the NSR switch at Coster, Tenn., connecting to the NSR Coster Line (milepost 2.3C/7.9CO), and then to the NSR switch connecting to the Middlesboro Line at or near Beverly (milepost 5.8CG±(3.8CO)). This transaction is related to a verified notice of exemption filed concurrently in R.J. Corman Railroad— Continuance in Control Exemption— Knoxville & Cumberland Gap Railroad, Docket No. FD 36578, in which R.J. Corman Railroad Company, LLC, and R.J. Corman Railroad Group, LLC, seek to continue in control of KXCG upon KXCG’s becoming a Class III rail carrier. KXCG certifies that its projected annual revenues from this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. KXCG further states that the Transaction Agreement between KXCG and NSR contains an interchange commitment. The affected interchanges are with CSXT at Lot, Ky., and Hyde and Cumberland Gap, Tenn. KXCG has provided additional information regarding the interchange commitment as required by 49 CFR 1150.33(h).1 The earliest this transaction may be consummated is February 24, 2022, the 1 A copy of the Transaction Agreement containing the interchange commitment was filed under seal with the verified notice. See 49 CFR 1150.33(h)(1). PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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 February 17, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36577, 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 KXCG’s representative, David A. Hirsh, Dentons US LLP, 1900 K Street NW, Washington, DC 20006. According to KXCG, 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: February 7, 2022. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2022–02871 Filed 2–9–22; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36579] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company Union Pacific Railroad Company (UP), a Class I railroad, has filed an amended verified notice of exemption under 49 CFR 1180.2(d)(8) for the acquisition of temporary overhead trackage rights over an approximately 51.7-mile rail line of BNSF Railway Company (BNSF) between milepost 579.3 on BNSF’s Creek Subdivision near Mill Creek, Okla., and milepost 631.0 on BNSF’s Madill Subdivision near Joe Junction, Tex., pursuant to the terms of a written temporary trackage rights agreement dated December 31, 2021 (Agreement).1 UP states that the sole purpose of the temporary trackage rights is to allow UP to move loaded and empty unit ballast trains, which will be used solely for UP maintenance-of-way projects. UP states 1 A copy of the Agreement was filed with the amended verified notice. E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7893-7894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02875]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36578]


R.J. Corman Railroad Company, LLC and R.J. Corman Railroad Group, 
LLC.--Continuance in Control Exemption--Knoxville and Cumberland Gap 
Railroad, LLC

    R.J. Corman Railroad Company, LLC (RJCRC), and R. J. Corman 
Railroad Group, LLC (RJCG),\1\ both noncarrier holding companies, have 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
continue in control of Knoxville and Cumberland Gap Railroad, LLC 
(KXCG), a noncarrier controlled by Applicants, upon KXCG's becoming a 
Class III rail carrier.
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    \1\ RJCRC is a wholly owned subsidiary of RJCG. RJCRC and RJCG 
are referred to together as Applicants.
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    This transaction is related to a verified notice of exemption filed 
concurrently in Knoxville & Cumberland Gap Railroad--Acquisition & 
Operation Exemption with Interchange Commitment--Rail Lines of Norfolk 
Southern Railway in Anderson, Campbell, Claiborne, Grainger, Knox, & 
Union Counties, Tenn., Bell & Whitley Counties, Ky., & Lee County, Va., 
Docket No. FD 36577, in which KXCG seeks to acquire from Norfolk 
Southern Railway Company (NSR) various rail lines (via purchase or 
lease assignment) and trackage rights, totaling approximately 154.0 
miles in length.\2\
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    \2\ This total includes approximately 112.0 miles of NSR rail 
line that KXCG will acquire from NSR; 13.0 miles of lines currently 
leased by NSR from CSX Transportation, Inc. (CSXT), which lease will 
be assigned to KXCG; 6.3 miles of NSR trackage rights over a CSXT 
line, which trackage rights will be assigned to KXCG; and 22.7 miles 
of NSR line over which NSR will grant KXCG trackage rights.
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    The transaction may be consummated on or after February 24, 2022, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    According to the verified notice of exemption, Applicants currently 
control 18 Class III rail carriers, collectively operating in multiple 
states. For a complete list of these rail carriers and the states in 
which they operate, see Applicants' January 25, 2022 verified notice of 
exemption, available at www.stb.gov.
    Applicants represent that: (1) KXCG will not connect with any other 
railroad in Applicants' corporate family; (2) the transaction is not 
part of a series of anticipated transactions that would connect KXCG 
with any railroad in the Applicants' corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
proposed transaction is exempt from the prior approval requirements of 
49 U.S.C. 11323. See 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 February 17, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36578, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must

[[Page 7894]]

be served on Applicants' representative, David A. Hirsh, Dentons US 
LLP, 1900 K Street NW, Washington, DC 20006.
    According to Applicants, 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: February 7, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022-02875 Filed 2-9-22; 8:45 am]
BILLING CODE 4915-01-P