Notice2021-19571
Midwest & Bluegrass Rail, LLC-Control Exemption-TransKentucky Transportation Railroad, Inc.
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 10, 2021
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50753-50754]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19571]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on September 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.