[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30512-30513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11994]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36520]


Chicago, Rock Island & Pacific Railroad LLC--Continuance in 
Control Exemption--Gulf & Ship Island Railroad LLC

    Chicago Rock Island & Pacific Railroad LLC (CRIP), a Class III 
carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(2) to continue in control of Gulf & Ship Island Railroad LLC 
(GSIR), a noncarrier controlled by CRIP, upon GSIR's becoming a 
carrier.
    This transaction is related to a verified notice of exemption filed 
concurrently in Gulf & Ship Island Railroad LLC--Lease & Operation 
Exemption--Rail Line of Harrison County Development Commission at or 
Near Gulfport, Harrison County, Miss., Docket No. FD 36519, in which 
GSIR seeks to lease from Harrison County Development Commission, acting 
with the Harrison County Board of Supervisors, and operate 
approximately 5 miles of industrial lead tracks known as the Seaway 
Lead, in Harrison County, Miss.
    The transaction may be consummated on or after July 1, 2021, the 
effective date of the exemption (30 days after the verified notice was 
filed).\1\
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    \1\ CRIP initially submitted its notice of exemption on May 17, 
2021, but supplemented it by letter on June 1, 2021. The date of 
CRIP's supplement will be considered the filing date for purposes of 
calculating the effective date of the exemption.
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    According to the verified notice of exemption, CRIP currently owns 
and operates Mississippi Delta Railroad LLC (MSDR), a Class III rail 
carrier operating solely in the state of Mississippi.
    CRIP represents that: (1) The rail line to be leased and operated 
by GSIR does not connect with the rail lines of any of the rail 
carriers controlled by CRIP; (2) the transaction is not part of a 
series of anticipated transactions that would connect GSIR with any 
railroad in the CRIP corporate family; 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 pursuant 
to 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 for stay must be filed no later than June 24, 2021 
(at

[[Page 30513]]

least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36520, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, one copy of each pleading must be served on 
CRIP's representative, Thomas F. McFarland, Thomas F. McFarland, P.C., 
2230 Marston Lane, Flossmoor, IL 60422-1336.
    According to CRIP, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 2, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-11994 Filed 6-7-21; 8:45 am]
BILLING CODE 4915-01-P