Notice2022-02875
R.J. Corman Railroad Company, LLC and R.J. Corman Railroad Group, LLC.-Continuance in Control Exemption-Knoxville and Cumberland Gap 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
February 10, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7893-7894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on February 10, 2022.
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