[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19492]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35945]


Regional Rail Holdings, LLC--Acquisition of Control Exemption--
Regional Rail, LLC

    Regional Rail Holdings, LLC (Regional Holdings), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to 
acquire control of Regional Rail, LLC (Regional Rail), a holding 
company for three Class III rail carriers, East Penn Railroad, LLC, 
Middletown & New Jersey Railroad, LLC, and Tyburn Railroad LLC.
    The transaction is expected to be consummated on or after August 
22, 2015, the effective date of the exemption.\1\
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    \1\ In its verified notice, Regional Holdings requests expedited 
consideration to minimize potential disruption to its business as a 
result of the change in majority ownership due to its acquisition of 
Regional Rail. However, to permit the exemption to become effective 
before the scheduled 30-day consummation date, a party must file a 
separate petition for partial waiver of 49 CFR 1150.32(b), including 
its supporting rationale, which would be decided by the entire 
Board. See The Great Lake Port Corp. d/b/a Grand River Ry.--Acquis. 
& Operation Exemption--CSX Transp., Inc., FD 35888 (STB served Dec. 
24, 2014).
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    Applicants state that: (i) The railroads will not connect with each 
other or any railroad in their corporate family; (ii) the subject 
acquisition of control is not part of a series of anticipated 
transactions that would connect the railroads with each other or any 
railroad in their corporate family; and (iii) the transaction does not 
involve a Class I 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 sections 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 to stay must be filed no later than August 15, 
2015 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings referring to Docket No. 
FD 35945, 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 Mary Anne Mason, Crowell & Moring LLP, 1001 
Pennsylvania Ave. NW., Washington, DC 20004.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: August 4, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-19492 Filed 8-6-15; 8:45 am]
BILLING CODE 4915-01-P