[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Page 16653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06460]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36487]


Katahdin Railcar Services LLC--Change in Operators Exemption--
Ohio Terminal Railway Company

    Katahdin Railcar Services LLC (KRS), a Class III carrier, has filed 
a verified notice of exemption pursuant to 49 CFR 1150.41 to assume 
Ohio Terminal Railway Company (OTRC)'s right and common carrier 
obligation to provide rail service to all customers located within the 
industrial park owned by Hannibal Real Estate LLC (HRE) on a 12.2-mile 
rail line between milepost 60.5 near Powhatan Point, Ohio, and milepost 
72.7 near Hannibal, in Monroe County, Ohio (the Omal Line).\1\
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    \1\ KRS states that it operates over the Omal Line pursuant to a 
lease with Ohio River Partners Shareholders LLC (ORPS) under which 
KRS assumed the exclusive right and common carrier obligation to 
provide freight rail service on and along the Omal Line except to 
industries located within the HRE industrial park. See also Verified 
Notice 1-2; Fortress Inv. Group LLC--Exemption for Intra-Corporate 
Family Transaction--Ohio River Partners S'holder LLC, FD 36402 (STB 
served May 15, 2020).
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    According to the verified notice, the proposed change in operators 
implements a settlement agreement among ORPS, OTRC, and HRE that 
resolves certain state court litigation concerning the respective 
rights of OTRC and ORPS to use the Omal Line. According to the verified 
notice, under that settlement agreement KRS is to assume the right and 
common carrier obligation to provide service to the HRE industrial 
park, replacing OTRC. On March 9, 2021, OTRC replied to the verified 
notice, stating that it does not object to the change in operators.
    According to KRS, the change in operators transaction does not 
involve any provision or agreement that may limit future interchange 
with a third-party connecting carrier. KRS certifies that its projected 
revenues as a result of the transaction will not result in the creation 
of a Class II or Class I rail carrier and that its revenues will not 
exceed $5 million.
    Under 49 CFR 1150.42(b), a change in operator exemption requires 
that notice be given to shippers. KRS states that notice of the 
proposed change in operators was provided to all customers located 
within the HRE industrial park, to HRE, and to OTRC.
    The transaction may be consummated on or after April 18, 2021, the 
effective date of the exemption.\2\
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    \2\ On March 19, 2021, KRS filed a supplement to its verified 
notice; as such, the verified notice is deemed to have been filed on 
March 19, 2021.
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    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 April 9, 2021 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36487, 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 KRS' 
representative, Terence M. Hynes, Sidley Austin LLP, 1501 K St. NW, 
Washington, DC 20005.
    According to KRS, this action is categorically excluded from 
historic preservation reporting requirements under 49 CFR 1105.8(b) and 
from environmental reporting requirements under 49 CFR 1105.6(c).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 24, 2021.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-06460 Filed 3-29-21; 8:45 am]
BILLING CODE 4915-01-P