[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44347-44348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18216]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36331]
R. J. Corman Railroad Group, LLC and R. J. Corman Railroad
Company, LLC--Continuance in Control Exemption--R. J. Corman Railroad
Company/Childersburg Line, LLC
R. J. Corman Railroad Group, LLC, a noncarrier, and its wholly
owned subsidiary, R. J. Corman Railroad Company, LLC (RJCR)
(collectively, Applicants), 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/Childersburg Line (RJAL) (currently a noncarrier owned
and controlled by Applicants) upon RJAL's becoming a Class III rail
carrier.
This transaction is related to a concurrently filed verified notice
of exemption in R. J. Corman Railroad Company/Childersburg Line, LLC--
Change in Operators, Lease & Operation Exemption with Interchange
Commitment--City of Childersburg Local Redevelopment Authority, Docket
No. FD 36330. In that proceeding, RJAL seeks an exemption under 49 CFR
1150.31 to: (1) Change operators and assume the lease and operation of
approximately 10.30 miles of rail line and related industrial track
located at the former Alabama Army Ammunition Plant (the CLRA Line),
which has been jointly operated by Central of Georgia Railroad Company
(CoG), Norfolk Southern Railway Company (NSR), and CSX Transportation,
Inc. (CSXT), pursuant to a lease from the City of Childersburg Local
Redevelopment Authority (CLRA), a municipal agency of the City of
Childersburg, Ala.; (2) lease and operate 0.73 miles of track from CSXT
(the CSXT Line) that connects to the north end of the CLRA Line; and
(3) lease and operate 2.29 miles of track (the NSR Line) owned by NSR
and CoG, a wholly owned subsidiary of NSR, that connects to the south
end of the CLRA Line. The CLRA Line, the NSR Line, and the CSXT Line
all are located in Talladega County, Ala.
The earliest this transaction may be consummated is September 6,
2019, the effective date of the exemption (30 days after the verified
notice was filed).
Applicants state that they will continue in control of RJAL upon
RJAL's becoming a Class III rail carrier, while remaining in control of
14 other Class III rail carriers, including two non-operating rail
carriers, collectively operating in 10 states. For a complete list of
these rail carriers, see RJAL's notice of exemption filed August 7,
2019. The notice is available at www.stb.gov.
Applicants represent that: (1) RJAL and the railroads under
Applicants' ownership and control would not connect with each other or
any other railroad in the corporate family; (2) the continuance in
control is not part of a series of anticipated transactions that would
connect the carriers with each other or any railroad in their corporate
family; and (3) the transaction does not involve a Class I carrier. The
proposed transaction is, therefore, 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. However, 49 U.S.C. 11326(c)
does not provide for labor protection for transactions under 49 U.S.C.
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 August 30, 2019 (at least
seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36331, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on Applicants' representative,
David R. Irvin, Irvin Rigsby PLC, 110 N Main St., Nicholasville, KY
40356.
According to Applicants, this action is categorically excluded from
environmental review under 49 CFR
[[Page 44348]]
1105.6(c) and from historic preservation reporting requirements under
49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: August 20, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-18216 Filed 8-22-19; 8:45 am]
BILLING CODE 4915-01-P