[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Page 58675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25317]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36182]


North Central Mississippi Regional Railroad Authority--
Acquisition and Operation Exemption--Mississippi Department of 
Transportation

    North Central Mississippi Regional Railroad Authority (NCMRRA), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire and operate a 21.70-mile rail line owned by the 
Mississippi Department of Transportation (MSDOT) that extends from 
milepost H-0.20 (at Aberdeen Junction) to milepost H-21.90 (at 
Kosciusko), in Holmes and Attala Counties, Miss. (Kosciusko Line).\1\
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    \1\ NCMRRA states that MSDOT purchased the rail line previously 
owned by Illinois Central Railroad Company (IC), by filing an offer 
of financial assistance after IC filed for authority to abandon the 
rail line. See Ill. Cent. R.R.--Aban.--Between Aberdeen Junction & 
Kosciusko, in Holmes & Attala Ctys., Miss., AB 43 (Sub-No. 163) (STB 
served Apr. 17, 1997).
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    NCMRRA states that it will become a rail carrier through this 
acquisition. The transaction is related to a petition for exemption in 
North Central Mississippi Regional Railroad Authority & Grenada 
Railway--Continuance in Control Exemption, Docket No. FD 36234, in 
which NCMRRA seeks to continue in control of Grenada Railway, LLC 
(GRYR), a Class III carrier owned and controlled by NCMRRA, once NCMRRA 
becomes a rail carrier.\2\
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    \2\ NCMRRA and GRYR initially sought authorization for NCMRRA to 
continue in control of both rail carriers pursuant to a verified 
notice of exemption under 49 CFR 1180.2(d)(3) for a transaction 
within a corporate family. See N. Cent. Miss. Reg'l R.R. Auth.--
Acquis. & Operation Exemption--Miss. Dep't of Transp. (October 12 
Decision), FD 36182 et al. (STB served Oct. 12, 2018). In the 
October 12 Decision, the Board rejected the corporate family 
exemption as an inappropriate mechanism for obtaining the requisite 
continuance in control authority and directed NCMRRA to file a 
petition for exemption if it wished to do so. The notice of 
exemption in this proceeding was held in abeyance and its effective 
date postponed until further Board order.
     NCMRRA filed a petition for a continuance in control exemption 
on October 19, 2018. The Board is serving a decision today granting 
that petition. See N. Cent. Miss. Reg'l R.R. Auth.--Continuance in 
Control Exemption, FD 36234 (STB served Nov. 20, 2018). That 
decision also takes this proceeding out of abeyance. Id.
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    NCMRRA states that it has reached an agreement with MSDOT for 
NCMRRA to acquire and operate the Kosciusko Line upon the effective 
date established by the Board. NCMRRA states that the transaction does 
not include any interchange commitments that prohibit NCMRRA from 
interchanging traffic with a third party or limit NCMRRA's ability to 
interchange with a third party.
    NCMRRA certifies that its projected annual revenues will not exceed 
those that would qualify it as a Class III carrier and that the 
projected annual revenues of NCMRRA will not exceed $5 million as a 
result of this transaction. The transaction may be consummated on or 
after December 4, 2018, the effective date of the exemption, consistent 
with the timetable specified in 49 CFR 1150.32(b).
    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 no later than November 27, 
2018. An original and 10 copies of all pleadings, referring to Docket 
No. FD 36182, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Avenue NW, Suite 300, Washington, DC 20037.
    According to NCMRRA, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: November 15, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-25317 Filed 11-19-18; 8:45 am]
 BILLING CODE 4915-01-P