[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Notices]
[Page 48057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17265]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36421]


Cathcart Rail, LLC--Continuance in Control Exemption--Belpre 
Industrial Parkersburg Railroad, LLC

    Cathcart Rail, LLC (CRL), a noncarrier holding company, has filed a 
verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in 
control of Belpre Industrial Parkersburg Railroad, LLC (BIP), upon 
BIP's becoming a Class III rail carrier.\1\
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    \1\ According to the verified notice, CRL currently controls 
Bucyrus Industrial Railroad, LLC (BIR). See also Bucyrus Indus. 
R.R.--Operation Exemption--Bucyrus Railcar Repair, LLC, FD 36329, 
slip op. at 1 n.1 (STB served July 25, 2019).
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    This transaction is related to a verified notice of exemption filed 
in Docket No. FD 36388, where the Board authorized BIP to lease and 
operate approximately 46.9 miles of rail lines (the Lines) and yard 
property owned by CSX Transportation, Inc. See Belpre Indus. 
Parkersburg R.R.--Lease & Operation Exemption--CSX Transp., Inc., FD 
36388 (STB served Apr. 3, 2020).\2\
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    \2\ CRL states that, due to an unintentional oversight, it 
failed to file this verified notice of exemption concurrently with 
the verified notice of exemption in Docket No. FD 36388.
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    The verified notice states that: (1) The Lines to be operated by 
BIP do not connect with those of BIR; (2) the transaction is not part 
of a series of anticipated transactions that would connect the Lines to 
any of the tracks of BIR; and (3) the transaction does not involve a 
Class I rail 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).
    The earliest this transaction may be consummated is August 22,2020, 
the effective date of the exemption (30 days after the verified notice 
was filed).\3\
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    \3\ CRL requests that the exemption be effective retroactive to 
the date BIP's lease and operation exemption became effective in 
Docket No. FD 36388. However, the class exemption invoked by CRL 
does not provide for retroactive effectiveness.
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    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. 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 14, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36421, 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 CRL's representative, David F. 
Rifkind, Stinson LLP, 1775 Pennsylvania Avenue NW, Suite 800, 
Washington, DC 20006.
    According to the verified notice, this action is categorically 
excluded from environmental review under 49 CFR 1105.6(c) and from 
historic preservation reporting requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 3, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-17265 Filed 8-6-20; 8:45 am]
BILLING CODE 4915-01-P