Notice2021-19087
Cathcart Rail, LLC-Continuance in Control Exemption-Cornhusker 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
September 3, 2021
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Page 49592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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).
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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 <a href="http://www.stb.gov">www.stb.gov</a>.
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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</html>Indexed from Federal Register on September 3, 2021.
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