[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Page 71131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24664]



[[Page 71131]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36431]


R. J. Corman Railroad Company, LLC and R. J. Corman Railroad 
Group, LLC--Continuance in Control Exemption--R. J. Corman Railroad 
Company/Lehigh Line, LLC, R. J. Corman Railroad Company/Owego & Harford 
Line, Inc., and R. J. Corman Railroad Company/Luzerne & Susquehanna 
Line, LLC

    R. J. Corman Railroad Company, LLC (RJCR) and R. J. Corman Railroad 
Group, LLC (RJRG) (collectively, Applicants),\1\ have filed a verified 
notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of 
R. J. Corman Railroad Company/Lehigh Line, LLC (RJLR), R. J. Corman 
Railroad Company/Luzerne & Susquehanna Line, LLC (RJLS), and R. J. 
Corman Railroad Company/Owego & Harford Line, Inc. (RJOH),\2\ currently 
noncarriers, upon RJLR, RJLS, and RJOH becoming Class III rail 
carriers.
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    \1\ The title of this proceeding is being updated to reflect the 
fact that, in response to a decision served on September 17, 2020, 
RJCR requested that RJRG be added as an applicant in the proceeding. 
The verified notice states that RJCR is a noncarrier and wholly 
owned subsidiary of RJRG.
    \2\ On August 27, 2020, RJCR and RJOH filed a letter in this and 
a related docket with additional information relating to a change in 
RJOH's corporate status from limited liability company to 
corporation.
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    This transaction is related to the following concurrently filed 
notices: (1) R. J. Corman Railroad Company/Lehigh Line, LLC--Change in 
Operators Exemption with Interchange Commitment--Lehigh Railway, LLC 
and Norfolk Southern Railway Company, Docket No. FD 36428, in which 
RJLR seeks authority to assume the lease and operation of 56.0 miles of 
rail line and related industrial track located in Bradford and Wyoming 
Counties, Pa.; (2) R. J. Corman Railroad Company/Luzerne & Susquehanna 
Line, LLC--Change in Operators Exemption--Luzerne and Susquehanna 
Railway Co. and Luzerne County Rail Corporation, Docket No. FD 36429, 
in which RJLS seeks authority to assume the lease and operation of 
approximately 41.19 miles of rail line located in Luzerne and 
Lackawanna Counties, Pa.; and (3) R. J. Corman Railroad Company/Owego & 
Harford Line, Inc.--Modified Certificate of Public Convenience and 
Necessity, Docket No. FD 36430, in which RJOH filed a notice for a 
modified certificate to assume the lease and operation of approximately 
27.6 miles of rail line located between milepost 0.0 at Owego, N.Y., 
and milepost 27.6 at North Harford, N.Y.
    The earliest this transaction may be consummated is November 20, 
2020, the effective date of the exemption.
    Applicants seek to continue in control of RJLR, RJLS, and RJOH upon 
their becoming Class III rail carriers, while remaining in control of 
15 other Class III rail carriers, including two non-operating rail 
carriers, collectively operating in 11 states. For a complete list of 
these rail carriers, see the verified notice of exemption filed in this 
docket. The notice is available at www.stb.gov.
    The verified notice states that: (1) RJLR, RJLS, and RJOH, and the 
railroads under RJCR's (and therefore 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. 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 November 13, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36431, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on 
Applicants' representative, David R. Irvin, Irvin Rigsby PLC, 110 North 
Main Street, Nicholasville, KY 40356.
    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: November 2, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2020-24664 Filed 11-5-20; 8:45 am]
BILLING CODE 4915-01-P