Notice2021-12834
Transportation Holdings, LLC-Control Exemption-Adrian & Blissfield Rail Road Company, Charlotte Southern Railroad Company, Detroit Connecting Railroad Company, Lapeer Industrial Railroad Company, and Jackson & Lansing Railroad Company
Primary source
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Published
June 17, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 115 (Thursday, June 17, 2021)</title>
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[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32303-32304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12834]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36465]
Transportation Holdings, LLC--Control Exemption--Adrian &
Blissfield Rail Road Company, Charlotte Southern Railroad Company,
Detroit Connecting Railroad Company, Lapeer Industrial Railroad
Company, and Jackson & Lansing Railroad Company
Transportation Holdings, LLC (Holdings), a noncarrier, filed a
verified notice of exemption under 49 CFR 1180.2(d)(2) for
authorization to obtain a controlling interest in Adrian & Blissfield
Rail Road Company (A&B), a Class III railroad, and its four
subsidiaries, also Class III railroads: Charlotte Southern Railroad
Company (CSRC); Detroit Connecting Railroad Company (DCRC); Lapeer
Industrial Railroad Company (LIRC); and Jackson & Lansing Railroad
Company (JLRC).\1\
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\1\ A&B operates a 20-mile rail line between Adrian and Riga,
Mich. CSRC operates a 3.5-mile rail line near Charlotte, Mich. DCRC
operates a 2.5-mile rail line in Detroit, Mich. LIRC operates a 1.5-
mile rail line in LaPeer, Mich. JLRC operates a 47-mile rail line
between Jackson and Lansing, Mich. See Dobronski--Acquis. of
Control--Adrian & Blissfield R.R., FD 35787, slip op. at 2 n.1 (STB
served Dec. 12, 2013); (see also Verified Notice of Exemption at Ex.
1).
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The verified notice states that Holdings and the shareholders of
A&B will enter into an Equity Purchase Agreement by which Holdings will
acquire a controlling interest in A&B and, as a result, indirect
control of CSRC, DCRC, LIRC, and JLRC. These five rail carriers own and
operate rail lines located entirely within the state of Michigan.
Holdings does not control any other rail carriers.
Holdings states that: (1) The lines over which A&B, CSRC, DCRC,
LIRC, and JLRC operate do not connect with one another, (2) the
proposed transaction is not part of a series of anticipated
transactions that would connect the lines with each other; 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).
The earliest this transaction may be consummated is July 1, 2021,
the
[[Page 32304]]
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 to stay must be filed no later than June 24, 2021
(at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No FD 36465, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on
Holdings' representative, Bradon J. Smith, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Holdings, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 14, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-12834 Filed 6-16-21; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on June 17, 2021.
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