Notice2023-05245
Chicago Rock Island & Pacific Railroad LLC-Continuance in Control Exemption-Ottawa Northern 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
March 15, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05245]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36675]
Chicago Rock Island & Pacific Railroad LLC--Continuance in
Control Exemption--Ottawa Northern Railroad LLC
Chicago Rock Island & Pacific Railroad LLC (Rock Island), a Class
III rail carrier, has filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of Ottawa Northern Railroad LLC
(ONR), a noncarrier controlled by Rock Island, upon ONR's becoming a
Class III rail carrier. According to the verified notice, the proposed
transaction will allow Rock Island to continue to exercise common
control of ONR and Rock Island's existing subsidiary, Gulf & Ship
Island Railroad LLC (G&SI), a Class III rail carrier that operates in
the state of Mississippi.\1\
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\1\ Rock Island notes that the notice of exemption filed in
Chicago, Rock Island & Pacific Railroad--Continuance in Control
Exemption--Gulf & Ship Island Railroad, Docket No. FD 36520,
mistakenly lists ``Mississippi Delta'' as a Class III carrier under
Rock Island's control. Rock Island explains that ``Mississippi
Delta'' is a trade name for Rock Island's contract carriage north of
Swan Lake, Miss., and not a railroad common carrier.
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This transaction is related to a concurrently filed verified notice
of exemption in Ottawa Northern Railroad--Acquisition & Change in
Operator Exemption--Midland Historical Railway Ass'n., Docket No. FD
36674, in which ONR seeks to acquire and begin common carrier
operations over approximately 11.09 miles of rail line owned by the
Midland Historical Railway Association between milepost 14.95 near
Baldwin City, Kan., and milepost 26.04 at Ottawa, Kan., replacing
Leavenworth, Lawrence & Galveston Railroad d/b/a the Baldwin City &
Southern Railroad Company as the common carrier service provider on
that line.
Rock Island represents that: (1) the rail line to be operated by
ONR does not connect with Rock Island's lines or any of G&SI's lines;
(2) the control 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 March 29, 2023, 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 March 22,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36675, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, one copy of each pleading must be served on
Rock Island's representative, Bradon J. Smith, Fletcher & Sippel LLC,
29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Rock Island, 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: March 9, 2023.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-05245 Filed 3-14-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on March 15, 2023.
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