[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Notices]
[Page 39062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16023]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35840]


R.J. Corman Railroad Group, LLC and R.J. Corman Railroad Company, 
LLC--Continuance in Control Exemption--R.J. Corman Railroad Company/
Texas Lines, LLC

    R.J. Corman Railroad Group, LLC (Group) and R.J. Corman Railroad 
Company, LLC (RJCRC) have filed a verified notice of exemption pursuant 
to 49 CFR 1180.2(d)(2) to continue in control of R.J. Corman Railroad 
Company/Texas Lines, LLC (RJCD), a noncarrier, upon RJCD's becoming a 
Class III carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in R.J. Corman Railroad Company/Texas Lines, LLC--
Acquisition and Operation Exemption--Texas South-Eastern Railroad 
Company, Docket No. FD 35839, in which RJCD seeks Board approval under 
49 CFR 1150.31 to acquire and operate approximately 12 miles of track 
known as the Texas Southeastern Railroad (the Line) in Angelina County, 
Tex.
    RJCD expects to consummate the transaction proposed in Docket No. 
FD 35839 and become a rail carrier on or before July 31, 2014. The 
earliest that Group and RCJRC can exercise their continued control of 
RJCD as a rail carrier is July 23, 2014, the effective date of this 
exemption (30 days after the verified notice was filed).
    Group and RJCRC represent that: (1) RJCD will not connect with any 
other railroad directly or indirectly controlled by Group or RJCRC; (2) 
the proposed continuance in control transaction is not part of a series 
of anticipated transactions that would connect RJCD with any railroad 
directly or indirectly owned and controlled by Group or RJCRC; and (3) 
the proposed continuance in control 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 11324 and 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 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 to stay must be filed no later than July 16, 2014 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35840, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on David R. Irvin, Moynahan, Irvin & Mooney, 
PSC, 110 North Main Street, Nicholasville, KY 40356.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 3, 2014.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-16023 Filed 7-8-14; 8:45 am]
BILLING CODE 4915-01-P