[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 673-674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29257]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36454]


Strasburg Rail Road Company--Continuance in Control Exemption--
SRC Railway LLC

    Strasburg Rail Road Company (SRC), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of SRC Railway LLC (Railway LLC), upon Railway LLC 
becoming a Class III rail carrier.\1\ Railway LLC is a newly formed 
noncarrier entity that is controlled by SRC.
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    \1\ SRC states that, although the proposed transaction is wholly 
within a corporate family and would satisfy the criteria for an 
exemption under section 1180.2(d)(3), it submitted verified notices 
for acquisition authority and continuance in control authority given 
the decision in Oregon International Port of Coos Bay--Intra-
Corporate Family Transaction Exemption, FD 36199 (STB served Oct. 
26, 2018). This notice does not address the appropriateness of 
section 1180.2(d)(3) in this situation, as the notice satisfies the 
criteria for section 1180.2(d)(2).
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    This transaction is related to a concurrently filed verified notice 
of exemption in SRC Railway LLC--Lease & Operation Exemption--Strasburg 
Rail Road Co., Docket No. FD 36453. In that proceeding, Railway LLC 
seeks an exemption to lease and operate approximately 4.25 miles of 
rail line known as the Strasburg Line in Lancaster County, Pa. (the 
Line).
    The verified notice states that because the Line is solely owned by 
SRC, lease of the Line to Railway LLC does not constitute a connection 
within the corporate family. SRC further states that 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 January 20, 
2021, the effective date of the exemption (30 days after the verified 
notice was filed).
    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. Accordingly, the 
Board may not impose labor protective conditions here because only 
Class III carriers are involved.
    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 January 12, 
2021.
    All pleadings, referring to Docket No. FD 36454 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 SRC's 
representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker 
Drive, Suite 800, Chicago, IL 60606-3208.
    According to SRC, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 31, 2020.


[[Page 674]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-29257 Filed 1-5-21; 8:45 am]
BILLING CODE 4915-01-P