[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12247-12248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05208]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35903]


Eric Bickleman and Robert Lowe-Continuance in Control Exemption-
Elizabethtown Industrial Railroad LLC

    Eric Bickleman and Robert Lowe (collectively, applicants) have 
jointly filed a verified notice of exemption pursuant to 49 CFR 
1180.2(d)(2) to continue in control of Elizabethtown Industrial 
Railroad LLC (EZR), upon EZR's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption in Elizabethtown Industrial Railroad--Operation 
Exemption--Rail Holdings, Inc., Docket No. FD 35902, in which EZR seeks 
Board approval to operate a 1.0-mile line of railroad, known as the 
Conewago Industrial Track, between the connection with the Norfolk 
Southern Railway Company's

[[Page 12248]]

main line at milepost 1.0 in Conewago, and milepost 0.0 in West Donegal 
Township, in Lancaster County, Pa.
    This transaction may be consummated on March 20, 2015 (the 
effective date of this notice).
    Applicants currently control one Class III rail carrier, Clinton 
Terminal Railroad Company, which operates in the State of North 
Carolina.
    Applicants certify that: (1) The rail lines to be operated by EZR 
do not connect with any other railroads operated by the carriers in the 
applicants' corporate family; (2) the continuance in control is not 
part of a series of anticipated transactions that would connect the 
rail lines to be operated by EZR with any other railroad in applicants' 
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 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. 
Stay petitions must be filed no later than March 13, 2015 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35903, 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 John K. Fiorilla, Capehart & Scatchard, 
P.A., 8000 Midlantic Drive, Suite 300S, Mount Laurel, NJ 08054.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: March 3, 2015.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-05208 Filed 3-5-15; 8:45 am]
 BILLING CODE 4915-01-P