Notice2021-11994
Chicago, Rock Island & Pacific Railroad LLC-Continuance in Control Exemption-Gulf & Ship Island Railroad LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 8, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 108 (Tuesday, June 8, 2021)</title>
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[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30512-30513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11994]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36520]
Chicago, Rock Island & Pacific Railroad LLC--Continuance in
Control Exemption--Gulf & Ship Island Railroad LLC
Chicago Rock Island & Pacific Railroad LLC (CRIP), a Class III
carrier, has filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of Gulf & Ship Island Railroad LLC
(GSIR), a noncarrier controlled by CRIP, upon GSIR's becoming a
carrier.
This transaction is related to a verified notice of exemption filed
concurrently in Gulf & Ship Island Railroad LLC--Lease & Operation
Exemption--Rail Line of Harrison County Development Commission at or
Near Gulfport, Harrison County, Miss., Docket No. FD 36519, in which
GSIR seeks to lease from Harrison County Development Commission, acting
with the Harrison County Board of Supervisors, and operate
approximately 5 miles of industrial lead tracks known as the Seaway
Lead, in Harrison County, Miss.
The transaction may be consummated on or after July 1, 2021, the
effective date of the exemption (30 days after the verified notice was
filed).\1\
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\1\ CRIP initially submitted its notice of exemption on May 17,
2021, but supplemented it by letter on June 1, 2021. The date of
CRIP's supplement will be considered the filing date for purposes of
calculating the effective date of the exemption.
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According to the verified notice of exemption, CRIP currently owns
and operates Mississippi Delta Railroad LLC (MSDR), a Class III rail
carrier operating solely in the state of Mississippi.
CRIP represents that: (1) The rail line to be leased and operated
by GSIR does not connect with the rail lines of any of the rail
carriers controlled by CRIP; (2) the transaction is not part of a
series of anticipated transactions that would connect GSIR with any
railroad in the CRIP 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 June 24, 2021
(at
[[Page 30513]]
least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36520, 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
CRIP's representative, Thomas F. McFarland, Thomas F. McFarland, P.C.,
2230 Marston Lane, Flossmoor, IL 60422-1336.
According to CRIP, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 2, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-11994 Filed 6-7-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on June 8, 2021.
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