[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Page 50326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20553]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35542]


Regional Rail, LLC--Continuance in Control Exemption--Tyburn 
Railroad, LLC

    Regional Rail, LLC (Regional), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Tyburn Railroad, LLC (Tyburn), upon Tyburn's becoming a 
Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35541, Tyburn Railroad--Acquisition and 
Operation Exemption--Tyburn Railroad, wherein Tyburn seeks Board 
approval to acquire from Tyburn Railroad Company and operate 
approximately 0.9 miles of rail lines in Morrisville, Pa.
    The parties intend to consummate the transaction on or shortly 
after the effective date of the verified notice of exemption.
    Regional is a Delaware limited liability company that currently 
controls 2 Class III railroads, East Penn Railroad, LLC (ESPN) and 
Middletown and New Jersey Railroad, LLC (Middletown). ESPN operates 
rail lines in Pennsylvania and Delaware, and Middletown operates rail 
lines in New York. Regional also owns 100 percent of the issued and 
outstanding shares of Tyburn.
    Regional represents that: (1) The rail lines to be operated by 
Tyburn do not connect with any other railroads in the corporate family; 
(2) the transaction is not part of a series of anticipated transactions 
that would connect the rail lines with any other railroads in the 
corporate family; and (3) the transaction does not involve a Class I 
rail carrier. Therefore, the 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. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec.  11324 and 
Sec.  11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    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. Stay petitions must be filed no later than August 19, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35542, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Karl Morell, Suite 225, 655 15th St., NW., 
Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 5, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-20553 Filed 8-11-11; 8:45 am]
BILLING CODE 4915-01-P