Notice2026-07982
L. Neill Cartage Co., Inc.-Continuance in Control Exemption-Proviso Railroad, Inc. and Mason Railroad, Inc.
Primary source
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Published
April 24, 2026
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 91 Issue 79 (Friday, April 24, 2026)</title>
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[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Notices]
[Pages 22213-22214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07982]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36912]
L. Neill Cartage Co., Inc.--Continuance in Control Exemption--
Proviso Railroad, Inc. and Mason Railroad, Inc.
L. Neill Cartage Co., Inc. (Cartage), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in
control of Proviso Railroad, Inc. (PRR), and Mason Railroad, Inc.
(MRR), upon their becoming Class III rail carriers.
This transaction is related to notices of exemption in Proviso
Railroad, Inc.--Acquisition Exemption--L. Neill Cartage Co., Inc.,
Docket No. FD 36874, and Mason Railroad, Inc.--Acquisition Exemption--
L. Neill Cartage Co., Inc., Docket No. FD 36875, in which PRR and MRR
seek Board approval to acquire from Cartage and to operate certain rail
lines in Illinois.\1\
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\1\ In Docket No. 36874, PRR filed a notice of exemption under
49 CFR 1150.31 to acquire and operate approximately 712.5 feet of
track owned by Cartage in Berkeley, Ill. In Docket No. 36875, MRR
filed a notice of exemption under 49 CFR 1150.31 to acquire and
operate approximately 665 feet of track owned by Cartage in Bedford
Park, Ill.
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Cartage represents that: (1) the lines that PRR and MRR seek to
acquire are the only lines that Cartage will control and that they do
not connect with each other; (2) the proposed transactions are 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 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. Accordingly,
because the proposed transactions involve Class III rail carriers only,
the Board may not impose labor protective conditions here.
The earliest this transaction may be consummated is May 9, 2026,
the effective date of the exemption (30 days after the verified notice
was filed).\2\ 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 by May 1, 2026.
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\2\ Cartage filed its verified notice February 27, 2026.
However, that verified notice failed to provide information required
by 49 CFR 1180.6(a)(1)(iii). In a decision served on March 30, 2026,
the Board postponed the effective date of Cartage's exemption and
directed Cartage to file the required information. Cartage filed
that information on April 9, 2026. Accordingly, the filing date of
Cartage's verified notice is deemed April 9, 2026.
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All pleadings, referring to Docket No. FD 36912, 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, a copy of each pleading must be served on
Cartage's representative, Max Callahan, Fulcrum Rail, 180 North Wacker
Drive, Suite 400, Chicago, IL 60606.
According to Cartage, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation
[[Page 22214]]
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>.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Decided: April 21, 2026.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2026-07982 Filed 4-23-26; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on April 24, 2026.
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